TELECOMMUNICATIONS INDUSTRY OMBUDSMAN
Telecommunications Industry Ombudsman Annual Report 1999:2000 1999:2000 ANNUAL REPORT Telecommunications Industry Ombudsman Ltd ACN 057 634 787 Telephone +61 3 8600 8700 Facsimile +61 3 8600 8797 Freecall™ 1800 062 058 Freefax™ 1800 630 614 TTY 1800 675 692 Translator & Interpreter Service 131 450 Website www.tio.com.au PO Box 276 Collins Street West, Melbourne Victoria 8007 Australia Level 15, 114 William Street, Melbourne Victoria 3000 Australia
Telecommunications Industry Ombudsman Telecommunications Industry Ombudsman 3807 TIO 2000.xps 13/7/01 12:50 PM Page 1
Telecommunications Industry Ombudsman Annual Report
Free, independent, just, informal and speedy resolution of complaints about telecommunications services.
Contents 1999–2000 at a Glance 2 Statement from the Chairman of Council 4 Statement from the Chairman of the Board 6 Ombudsman’s Overview 8 TIO Operations 10 Membership 18 Complaint Handling 20 Telephone Service Investigation Issues 26 Internet Service Investigation Issues 39 Profile of Complainants 44 Guide to TIO Statistics 47 Glossary 49 TIO Members 51 Directors’ Report and Financial Statements 57 3807 TIO 2000.xps 13/7/01 12:50 PM Page 2 1999-2000 at a glance
Complaint Total contacts Complaint breakdown (’000) (percentage) numbers • 67,761 contacts 1994|95 received, a 5.2% increase over the 1995|96 previous year • Total contacts 1996|97 included 13,361 enquiries which did 1997|98 not constitute a complaint, leaving 54,400 complaints 1998|99 Telephone-related 92.5% • As a single 1999|2000 Internet-related 7.5% complaint may involve more than 0 10203040506070 one issue, the TIO investigated 60,796 See page 47 for issues an explanation • 92.5% of of the TIO’s TIO membership growth complaints related complaint to telephone
statistics 1996 1997 1998 1999 2000 1000 services, compared to 94.0% last year
800 • 7.5% of complaints related to internet access services, 600 compared to 6.0% last year 400 Membership • Number of members 200 increased from 866 to 991 0 • ISPs make up 85.9% of members TIO membership Complaint outcomes At the TIO composition Excludes Level 1 complaints • TIO staff increased from 27 to 36
Internet Service Providers 851 Substantially in favour 28.3% Telephone Service Providers 68 Partially in favour 19.0% Telephone Service Not in favour 15.1% Providers & Internet Not recorded 37.6% Service Providers 37 Carriers 35
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Telephone Total number enquiries, complaints and issues (’000) A single complaint may involve more than one issue issues An enquiry is a contact which does not constitute a complaint • Billing issues 70 decreased from contacts enquiries 37.4% to 26.4% 60 issues • Customer transfer complaints 50 issues rose from 9.7% to 14.6% 40 • Issues about staff 30 of telephone companies increased 20 from 2.3% to 6.9% 10 • Provision of service issues increased 0 from 14.7% to Total contacts: 67,761 Enquiries & complaints Total issues: 60,796 16.3% Internet Complaint mix (percentage) Method of complaint (percentage) complaints • Billing issues fell from 60.4% to 49.0% • Issues about internet access rose from 19.4% to 26.3% • Issues about staff of internet service Level Method providers increased Level 1 93.5% Toll free number 85.1% from 0.4% to 6.6% Level 2 4.2% Written 12.0% • Issues about Level 3 2.2% Email 2.8% internet contracts Level 4 0.1% In person 0.2% rose from 8.0% to 10.3%
State distribution of complaints Complaint resolution times (days) (percentage) Level 1 complaints are usually resolved within two working days
NSW
Victoria Level 2 Queensland
SA Level 3
WA
Tasmania Level 4
ACT
NT
0 10203040 0 20 40 60 80 100 120
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 3 3807 TIO 2000.xps 13/7/01 12:50 PM Page 4 Statement from the Chairman of Council
As in previous years, the TIO encountered many new challenges during 1999- 2000. The number one issue was, and continues to be, the increasing complexity and volume of complaints handled by the TIO. This has largely been brought about by increasing competition in the industry and the growing popularity of the internet.
While the TIO receives and handles more than 85% of its complaints via telephone, the TIO investigations area is not a call centre in the normal sense. The demands of receiving calls and investigating the resulting complaints require a high level of professionalism and skill on the part of Investigations Officers. This unique environment calls for a unique approach to maintaining the TIO’s high standards in the face of increasingly complex complaints.
The Council thanks Ombudsman John Pinnock, Deputy Ombudsman Deirdre O’Donnell and the staff of the TIO for responding admirably to the demands for increased performance.
The Council has worked very closely with TIO staff to develop a benchmarking approach for call handling and investigation. Results to date are encouraging and will serve as a strong base for further work in this coming year.
The Council is also grateful for the support of the Board, in particular former Chairmen Graeme Ward and John Rohan who resigned as Directors during the year. During their time on the Board Graeme and John brought a wealth of experience and a common-sense approach to dealings with TIO, and made many valuable contributions to the Scheme. The Council welcomes Andrew Birch, Director of Network Operations at Vodafone Australia Pty Ltd, as the new Chairman of the Board.
Long-term Council members Ted Benjamin, formerly Director of Consumer Affairs at Telstra Corporation, and Graeme Holm, formerly General Manager of Corporate and Regulatory Affairs at Vodafone Network Pty Ltd, resigned from Council during 1999-2000. The Council wishes Ted and Graeme all the best in their retirement.
Other new faces on Council include Bob Samarcq, representative for Telstra Corporation, and Ken Roughley of Vodafone Australia. Gordon Frend also joined Council as the new Consumer Representative.
The Hon Tony Staley Chairman of Council
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THE HON TONY STALEY MS PAM MARSH MR BOB SAMARCQ Chairman of Council Consumers’ Telecommunications Network Director External Relations, Public Affairs and Corporate Marketing, Telstra Corporation Ltd
MR EWAN BROWN MR GORDON FREND MR KEN ROUGHLEY Executive Director National Farmers’ Federation Product Operations Manager The Small Business Enterprise Vodafone Australia Pty Ltd Telecommunications Centre Ltd (SETEL)
MS VIC MARLES MR ANDREW BEDOGNI MR BRIAN PERKINS Coordinator Manager Director Communications Law Centre, Regulatory Affairs, Regulatory and Legal, AAPT Ltd Victoria University of Technology Cable & Wireless Optus
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 5 3807 TIO 2000.xps 13/7/01 12:50 PM Page 6 Statement from the Chairman of the Board
As the recently appointed Chairman of the Board, I am looking forward to providing the support and leadership that will result in the continued success of the TIO and its members. As the TIO continues to resolve disputes for Australian telecommunications consumers, 1999-2000 was a year of significant growth. The number of consumer enquiries received by the TIO has risen by more than five percent over the past year. Increasingly, we are assisting consumers with more complex enquiries and complaints, which are clearly being driven by further market and technology changes in the telecommunications industry. During the year, TIO membership also grew considerably to reach 991 members from 866 members last year. The TIO extends a warm welcome to our new members and anticipates their contribution and participation in the Scheme. During the past year, the TIO Board considered a number of issues, including: a review of the structure of the Board and Council; a review of performance indicators for the investigations area; oversight of the TIO’s year 2000 compliance program; consideration of several jurisdictional issues; and approval of the TIO’s budget and business plan. The TIO is confident that with the help of our new and existing Scheme members we are in a strong position to meet the future challenges of a burgeoning telecommunications industry. After a long association with the TIO as Directors and Chairmen of the Board, Graeme Ward and John Rohan resigned from the Board during 1999-2000. Graeme and John were both very active on the Board and made significant contributions to the TIO. On behalf of the TIO and my fellow Board members, I would like to thank Graeme and John for their enormous effort in laying the foundation on which our success has been built. During 1999-2000 the TIO also farewelled Board members Kevin Dinn, Mark Gell, Colin Marland, Deirdre Mason and Stephe Wilks. The TIO sincerely thanks them for their contributions during their respective terms. Looking to the future, the introduction of a new complaint management system this year will help facilitate the TIO’s ability to attend to and help resolve consumer complaints. As consumer enquiries grow, the TIO is equipping itself with systems that enable members and telecommunications consumers to be served with the greatest speed, confidence and accuracy. The Board would like to thank the Ombudsman, John Pinnock, Deputy Ombudsman Deirdre O’Donnell, Administration Manager Jane Hill, the TIO Council and staff for their continued support, dedication and enthusiasm. It is their collective commitment that ensures the ongoing success of the TIO this coming year and beyond. Finally, on behalf of the Board, I thank all members for their support and cooperation and I look forward to contributing to the growth and development of the TIO.
Andrew Birch
Chairman of the Board
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MR ANDREW BIRCH MR PAUL FLETCHER MS DEENA SHIFF Chairman of the Board Director - Regulatory and Public Affairs Director - Regulatory Director Cable & Wireless Optus Telstra Corporation Ltd Network and Operations Vodafone Australia Pty Ltd
MR ADAM SUCKLING MR KIMBERLEY HEITMAN Group Manager Executive Director Regulatory Affairs, iiNet Ltd Cable & Wireless Optus
MR MICHAEL ROCCA MS SUSAN HOLMES Managing Director - Service Delivery Unit Telstra Corporation Ltd
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Ombudsman’s Overview "For the first time… the TIO is facing significant constraints on its performance, as Investigations Officers grapple with increasing numbers of calls, For the TIO, 1999-2000 has been dominated by two important and growing complexity related trends. of complaints, Externally, the past year has seen ever-increasing competition in the an explosion of telecommunications industry. This activity and the problems it has generated information and for consumers has led to a surge in demand for the TIO’s services. a decline in the The most notable aspects have been the growth in customer transfer speed with which complaints, including slamming, a result of the increase in local call resale; complaints are the continuing high levels of complaints about delays in providing new lines resolved." and repairing faults; and a significant increase in complaints about the staff of telecommunications providers. This last factor is perhaps suggestive of providers being unable to keep pace with growing customer numbers.
Allied to this volatility is the considerable variation in the performance of telecommunications providers in obviating the need for the TIO’s intervention by resolving complaints internally. The relatively high level of complaints resolved by the TIO either substantially or partially in favour of complainants has been cited as evidence of poor performance by providers and contrasted with the performance of the banking and insurance sectors.
The modest increase in complaints over the last twelve months – a little over 5% – should not be taken at face value. Calls to the TIO’s 1800 free-call number have escalated sharply, notwithstanding that public awareness of the existence and role of the TIO, which peaked in 1998, has actually decreased.
For the first time in its evolution, the TIO is now facing significant constraints on its performance, as Investigations Officers grapple with increasing numbers of calls, growing complexity of complaints, an explosion of information and a decline in the speed with which complaints are resolved.
Internally, the Ombudsman’s office has adopted a number of procedures to increase the efficiency of its operations and is presently reviewing the structure of the investigations area. The installation of a new complaints database and improved IT processes will compliment these efficiency gains.
However, as a result of these problems, and at the request of the Ombudsman, the TIO Council has established benchmarks for the resolution of complaints and is currently reviewing information in order to set call-answering benchmarks to meet the current high rate of abandoned calls to the TIO.
Over the first five years of its existence, the TIO generally kept pace with the level of complaints. It is becoming increasingly clear, however, that the TIO’s current investigative resources are inadequate to meet consumer demand.
Ombudsman John Pinnock
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"…ever-increasing competition in the telecommunications industry… has led to a surge in demand for the Ombudsman John Pinnock and Deputy Ombudsman Deirdre O’Donnell TIO’s services." The industry and the TIO have to be more pro-active in attempting to reduce the rate of increase of complaints to the TIO and improving internal performance. The first step in this task is for the industry to establish a baseline by adopting a common definition of complaint as set out in the Australian Communications Industry Forum’s (ACIF) Complaint Handling Code. The TIO’s decision to investigate complaints about breaches of this Code signals a view that the Code presents an opportunity for the industry to improve its responsiveness to consumers.
Nevertheless, the TIO’s primary role is, and will remain, the resolution of complaints which in turn are a function both of industry activity and consumer awareness of the TIO. It is essential, therefore, that the TIO’s resources should be adequate to meet the demand for its services by consumers.
John Pinnock Ombudsman
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TIO Operations "A member is only charged complaint handling fees if the TIO receives a complaint from one of the member’s customers."
Funding The TIO is an industry-funded scheme, deriving its income solely from members who are charged fees for complaint resolution services provided by the TIO. Members consist of telecommunications carriers, telephone carriage providers and Internet Service Providers (ISPs).
A member is only charged complaint handling fees if the TIO receives a complaint from one of the member’s customers. Therefore, the funding system acts as an incentive for members to keep TIO investigations to a minimum by developing and maintaining effective complaint handling and customer service procedures.
Complaint fees increase with the complexity of the complaint and the time needed to investigate it. In May 2000, the TIO Board approved new complaint fees taking effect from 1 July 2000.
Revenue from complaint fees is used to fund the costs of operating the TIO’s investigations area. These expenses include salaries for investigative staff, free-call telephone charges and half of overhead costs such as rental of office premises, stationery and other general operating items.
If a member incurs complaint fees, it is also required to contribute a proportion of the TIO’s overhead costs. These costs include marketing and promotions, computer systems and other general operating items. The proportion of complaint handling fees attributed to a member determines the proportion of overhead expenses the member must pay. For example if a member incurs 5% of the total complaint handling fees, it pays 5% of the overhead costs. Capital expenditure is quantified separately in the business plan and is funded in the same way as overhead costs.
The TIO Board may also obtain funds from members by raising a levy to finance special projects such as consultants’ reports. To raise a special levy, the TIO will make a request to the Board for funding over and above the current annual budget. Special levies are a rare occurrence as all expenditure is usually quantified in the business plan.
Members receive quarterly invoices for complaint handling fees incurred in the current quarter based on the actual number of complaints logged against them (including a proportion of overheads and capital expenditure), plus an estimated amount for charges expected to be incurred in the next quarter. Each quarter a reconciliation of actual charges against estimated is completed.
During 1999-2000, less than one-quarter of TIO members had complaints logged against them, and accordingly less than one-quarter of members were required to contribute funds to the TIO.
The TIO has continued to improve its systems and procedures to more efficiently manage the funding system. A business plan and budget is prepared each year for approval by Council and the Board. Jane Hill Administration Manager
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The TIO’s funding system has been adjusted in recognition that the majority of members are now small businesses. From 1 July 1999, the TIO waived all charges (including overhead and special levy) for the first four Level 1 complaints per quarter received for each member.
From 1 July 2000, the TIO is required to levy Goods and Services Tax (GST) on its invoices. Invoices have been reformatted to conform to requirements of the new legislation.
Governance The TIO is governed by a Council and Board of Directors, and is managed by an independent Ombudsman appointed by the Board on the recommendation of Council.
The Council is comprised of four TIO member representatives and four consumer representatives, with an independent Chairman. Mary Leung Chaired by the Honourable Tony Staley, the Council has the power to make Accountant recommendations to the Board on the appointment of the Ombudsman, and ensures the Ombudsman’s independence.
In 1999-2000, eight meetings of Council were held which considered a range of issues including investigations benchmarking, public awareness activities, jurisdictional questions, complaint handling procedures, the manner in which complaints are made, the impact of consumer codes, and funding and financial issues.
While the Ombudsman has responsibility for the day to day operations of the Scheme, it is the role of the Council to provide advice to the Ombudsman on policy and procedural matters, and to ensure that complaint handling procedures are effective.
A company limited by guarantee, the Telecommunications Industry Ombudsman Limited is governed by a Board of Directors. With the exception of the independent director, who is appointed by the Board itself, directors are appointed by the TIO membership.
The Board has corporate governance responsibilities including risk management, strategic affairs, the setting of budgets, overall financial management of the Scheme and ensuring compliance with the Memorandum and Articles of Association and the Constitution.
During the year the Board considered a wide range of issues including the TIO’s strategic and business planning, guidelines for the independent director, the structure of the Board, preparations for the year 2000 date change problem and insurance policies.
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Staffing In 1999-2000 TIO staff again delivered high levels of service to complainants and TIO members. The TIO investigations team continued their commitment to provide professional, impartial and effective complaints resolution services.
Donna Nolan Over the course of the year, the TIO implemented a number of policies and Administrative Assistant initiatives aimed at improving the well-being of staff. A package of staff benefits including an employee assistance program, access to stress management activities and a number of events outside of business hours have cemented team spirit and collaboration amongst staff.
The TIO also continued to recruit high calibre and enthusiastic staff. "Over the last Wherever possible the TIO fills vacancies with existing staff, providing year, a number opportunities for career progression. of staff teams The TIO runs regular training programs for all staff to ensure members and were established complainants are provided with quality services. The TIO recently revised its to tackle various comprehensive orientation and training program. issues." Over the last year, a number of staff teams were established to tackle various issues. These teams involve staff from all levels of the TIO, producing the best possible results through sharing of ideas, a common purpose and a strong focus on problem solving.
The ‘Hepburn Springers’ provide their colleagues with an ongoing program of activities for the management of stress – a vital function given the TIO’s busy environment. The ‘Savvy Group’ assisted in the development of benchmarks for call answering. The ‘Complaint Logging Group’ assesses staff workloads, the volume of written complaints and develops procedures for efficient complaint handling.
In 1999-2000 the TIO welcomed 13 new Investigations Officers: Rodney Bird, Carmen Buccheri, Monica Clements, Julia Cornwell, Geraldine Creaton, Tony Dooley, Peter Jones, Trevor Mason, Kate McLeod, Paras Pappas, Carolyn Simpson, Claire Tacon and Philip Waren. Madeleine Perkins also joined the TIO as an Administrative Assistant.
The TIO sadly farewelled Gillian Bartlett, Dani Phillips, Kip Reading, David Scarfe, Sue Ince, Lissa Worthington, Julie Menzies, Silvia Superina and Jim Tilkeridis, who all made special contributions to the TIO.
Bernie Wise was promoted to the position of Investigations Manager and Alex Buchanan was promoted to Research Officer. In 1999-2000 the TIO identified a need for a Systems Administrator, and appointed former Investigations Officer Anthony Beaumont to the position.
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Deirdre John O'Donnell Pinnock Ombudsman
Deputy Ombudsman Astra Taurins Personal Assistant Personal
Bernie Debra Barry Jane Alex Wise Lusty Johnson Hill Buchanan Investigations Investigations Manager Administration Administration Manager Investigations Investigations Manager Officer Affairs Public Policy/Research Officer
Carrie Liddle Donna Carla
Investigations Investigations Officer Quality Nolan Gangi Receptionist Administrative Administrative Assistant Carmen Rodney Buccheri Bird Anthony Madeleine Investigations Investigations Officer Investigations Investigations Officer Beaumont Perkins Administrative Administrative time Part Assistant Systems Administrator Systems Elisabeth Monica Claasz Clements Investigations Investigations Officer Investigations Investigations Officer Sarah Mary Nye Leung Tony Julia Member Services Services Member Adviser Accountant Part time Part Accountant Dooley Cornwell Investigations Investigations Officer Investigations Officer
Sarah Kayla Jeremy Geraldine Radford Thomas Evans Creaton Investigations Investigations Officer Investigations Investigations Officer Member Services Services Member Assistant Administration Administration Officer
Peter Tanya Jones Erdos Investigations Investigations Officer Investigations Officer
Trevor Genevieve Mason Kavenagh Investigations Investigations Officer Investigations Investigations Officer Telecommunication Industry Carolyn Olivia Simpson Lovelock Ombudsman Organisational Chart Investigations Investigations Officer Investigations Officer as at 12 September 2000
Claire Kate Tacon McLeod Investigations Investigations Officer Investigations Investigations Officer
Marcela Kerryn Mandarino Sonnet Investigations Investigations Officer Investigations Officer
Philip Waren Investigations Investigations Officer 3807 TIO 2000.xps 13/7/01 12:51 PM Page 14
Administration With the increase in demand for TIO complaint resolution services, the efficient use of technology is a critical factor in continuing to deliver a high standard of service to members and consumers.
Over the year the TIO has prepared for the introduction of a new complaints management system, to be known as CosMoS. A new system was selected following a call for tenders and a comprehensive tender assessment process. Staff eagerly await the implementation of CosMoS which is scheduled for November 2000. CosMoS will provide much-needed increased capacity and Anthony Beaumont functionality. In phase two of the implementation, CosMoS will be integrated Systems Administrator with the TIO's website and telephone system.
Codes and Industry Liaison The TIO continued its involvement in the development of Australian Communications Industry Forum (ACIF) Codes of Practice throughout 1999-2000. The Telecommunications Act 1997 provides for the Australian Communications Authority (ACA) to direct participants in the industry to comply with a registered code.
ACIF Codes consist of consumer Codes and operational/network Codes. During 1999-2000 the TIO participated in developing the following consumer Codes: • Billing, • Calling Number Display, • Complaint Handling, • Credit Management, • Prices, Terms and Conditions, • Protection of Personal Information of Customers of Telecommunications Providers, and • Selling Practices.
Due to greater competition in the telecommunications market, the TIO has noticed a substantial increase in complaints relating to the selling practices of telephone and internet companies. The TIO expects that the Selling Practices Code, which is in the early stage of development, will result in telecommunications providers taking steps to ensure that sales staff and agents fully inform customers of their rights and obligations.
In 1999-2000 the TIO began investigating complaints about breaches of the Protection of Personal Information of Customers of Telecommunications Providers Code. The TIO has consented to investigate potential breaches of other codes when they are registered with the ACA, as provided by the Telecommunications Act.
While the TIO is primarily concerned with consumer Codes, it has consented to deal with complaints about breaches of an operational/network Code known as the Commercial Churn Code. The TIO made this decision as the provisions of the Commercial Churn Code significantly impact on consumers.
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As a consequence of the TIO’s decision to investigate potential breaches of Codes, investigations staff have received training on the rules and implications of the various codes. The TIO’s current complaint management software has already been updated to allow the TIO to classify and report on potential breaches of codes.
With the completion of more Codes in the coming year, ongoing staff training will be conducted in order to ensure that the TIO is accurately recording and investigating breaches of Codes.
In addition to working with ACIF and its members on the development and implementation of Codes, the TIO continues to report systemic issues identified through complaint statistics to the ACA and the Australian Competition and Consumer Commission (ACCC).
Public Awareness The TIO continued to conduct a range of activities with the aim of raising public awareness of the Scheme and advising consumers how to avoid and resolve problems with service providers. These goals support the TIO’s overall aim of helping consumers resolve problems with telephone and internet "Public awareness companies. of the TIO is crucial Public awareness of the TIO is crucial to giving consumers access to the to giving consumers Scheme’s complaint resolution services. Accessibility is a key performance access to the indicator for alternative dispute resolution schemes such as the TIO. Scheme’s complaint The TIO aims to reduce the number of complaints lodged with the Scheme by resolution services." alerting consumers to potential problems and encouraging service providers to improve customer service and complaint handling procedures. To achieve these aims the TIO alerts the industry and consumers to complaint trends through a variety of means, including publishing complaint statistics and providing information to the media.
In 1999-2000 the TIO continued to publish regular newspaper articles, provide comments to a wide range of media nationally and produce a quarterly newsletter, TIO Talks, containing consumer advice and the latest complaint statistics. As in previous years, the TIO assisted community groups, financial counselling services, legal aid offices, government bodies and small business associations to inform their members and constituents about the services of the TIO. Barry Johnson In line with the goal of making the Scheme Public Affairs Officer accessible to all consumers, the TIO conducted awareness-raising activities targeting people with disabilities, people from non-English speaking backgrounds and senior citizens.
In February 2000 the TIO produced a CD-ROM containing a multimedia presentation on the role of the TIO, and a wide variety of information in electronic format. The CD-ROM was distributed to consumer, industry and government organisations.
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This year, the TIO conducted research into awareness and understanding of the TIO among consumers and small businesses. The research results showed that awareness of the TIO has fallen since the previous round of research in 1998, which was conducted immediately following an intensive 12-month public awareness campaign. However, understanding of the role of the TIO rose among people who were aware of the Scheme. Alex Buchanan Policy/Research Officer Falling awareness combined with rising complaint numbers suggest that consumers actively seek out the TIO’s services when unable to resolve "… the TIO has problems with their service provider. noticed a In 2000-2001 the TIO’s website will be revised with the objective of making substantial increase the site a comprehensive and easily accessible source of information about in complaints the TIO’s role, complaint handling procedures and complaint statistics. The relating to the revised site will comply with international standards for accessibility. selling practices of Other plans for the coming year include the appointment of a Community telephone Liaison Officer to encourage a range of community groups, government and internet bodies and consumer groups to inform their constituents about the TIO. companies." Review of TIO Scheme During the year the TIO Council and Board considered the need to review various aspects of the TIO Scheme including the structure of Council and Board, possible amendments to the TIO’s jurisdiction and procedures, complaint handling fees and the internal structure of the Ombudsman’s office.
It was agreed that the structure of the Council and Board would be changed to make them more representative of the breadth of the TIO membership base, particularly the large number of ISPs, while preserving the position of the foundation members of the Scheme who together continue to contribute the bulk of the Scheme’s funding. In the case of the Council it is proposed to increase its membership by two – one member representative and one consumer representative. The proposed changes to Board and Council will require approval by members in a General Meeting.
Council and Board also approved a change to the TIO Constitution to reflect current investigative procedures and consulted with the relevant Federal Ministers about the change.
The Board approved an increase in complaint handling fees, the first increase in such fees for more than four years, apart from a minor adjustment to Level 3 fees in 1998-99.
Council also asked the Ombudsman to conduct a detailed review of the investigative structure of his office with a view to considering possible changes to make the structure more effective in both call handling and higher level investigations.
On a broader front, Council and the Board are presently considering the extent and adequacy of the TIO’s jurisdiction in several key areas.
The TIO’s jurisdiction concerning mobile telephone handsets is in some respects problematic. The TIO is not able to investigate complaints about faulty handsets which involve a manufacturer’s warranty. However, where the handset has been purchased as part of a ‘bundled’ contract involving the
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provision of mobile network services and the handset to access those services, the position is less certain.
Usually, such contracts commit the customer to a particular plan and a minimum monthly access fee, with the cost of the handset effectively amortised over the term of the contract. In the absence of any obligation on the provider to supply an interim handset, the position of a customer with a faulty handset is difficult. Often, handset repairs take a long time and the customer is not only deprived of access to the network but is faced with the prospect of continuing to pay the monthly access fee.
The question is further complicated by a wide variety of practices amongst providers and by the position of one carrier member of the TIO, which maintains that its dealer/agents are only authorised to negotiate a contact for the provision of mobile network services with a customer – the purchase of the handset being a separate contract between the customer and the dealer acting in its own right. Needless to say, this is rarely apparent to the customer. Sarah Radford Administrative Assistant As a consequence, the TIO has written to more than 30 carriers and providers of mobile network services seeking their views on the adequacy and extent of the TIO’s current jurisdiction in this area.
A second area of uncertainty concerns a particular type of land access complaint. Historically, the Post-Master General and its successors Telecom and Telstra have had the statutory right to lay cables on private land. This right can now be exercised by all carriers where they do so in accordance with the Telecommunications (Low-Impact Facilities) Determination 1997. However, a carrier is not required to obtain an easement over the land in order to install its cables and so the existence of cables is not noted on the register of land title as are the facilities of most public utilities.
Best industry practice requires carriers to, amongst other things, install "TIO Council and markers indicating the presence of cables. The carriers take the view that a Board are presently landowner should take all diligent steps to ascertain the existence of such considering the cables, eg by accessing the ‘dial before you dig’ 1100 number before extent and excavating. adequacy of the Unfortunately, the experience of landowners and of the TIO is that in many TIO’s jurisdiction in instances markers break, are displaced or decay over time, and records several key areas." provided by the ‘dial before you dig’ service are not always reliable.
Currently, the major carriers accept that a land owner may complain to the TIO about a carrier’s attempts to recover the cost of repair to a cable damaged by the owner or occupier where such recovery may be considered unreasonable.
However, a number of carriers believe that the TIO has no jurisdiction to investigate a complaint by a land owner where the damage has actually been caused by a contractor/excavator engaged by the owner, but the carrier still seeks to recover the cost of repairs from the owner.
Finally, the question of whether providers of pay television services fall within the TIO’s jurisdiction is also being considered in light of recent developments in that industry.
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The TIO accepted 238 new members during 1999-2000. However, the net increase in membership was 125 members, with growth from 866 at 1 July 1999 to 991 at 30 June 2000. Companies leave the Scheme when they cease trading, are acquired by other members or merge with other members.
For administrative purposes, the TIO currently groups its members into four categories:
Member Description Carrier A provider which has been issued a carrier licence by the Australian Communications Authority (ACA). Telephone Service Provider A supplier of telephone services. Internet Service Provider A supplier of internet access services. Telephone & Internet Service Provider A supplier of telephone and internet access services.
The vast majority of TIO members are Internet Service Providers (ISPs), comprising 85.9% of the TIO’s total membership. Carriers and telephone service providers make up 3.5% and 6.9% respectively, while 3.7% are "The development classified as telephone and internet service providers. of strong, two-way working In response to feedback from members, in 1999-2000 the TIO introduced a policy for handling ‘first resort’ complaints. This policy provides that if relationships with a person complaining to the TIO reports that the member has not been given Scheme members an opportunity to resolve the matter, the member is not charged directly for continues to be that complaint. extremely important The TIO continues its practice of not charging members directly for anonymous, to the TIO." frivolous or vexatious complaints, or for any information-giving exercise.
TIO membership composition TIO membership growth
1000
800
600
400
200
Carriers 35 0 1996 1997 1998 1999 2000 Telephone Service Providers 68 Internet Service Providers 851 Telephone Service Providers 1996 1997 1998 1999 2000 & Internet Service Providers 37 19 19 535 866 991
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"The TIO… aims to reduce members’ complaint handling fees by informing members about the TIO’s complaint handling procedures and policies for escalating The development of strong, two-way working relationships with Scheme complaints." members continues to be extremely important to the TIO. This year the TIO developed a Members Communications Plan, which aims to reduce members’ complaint handling fees by informing members about the TIO’s complaint handling procedures and policies for escalating complaints.
The first stage of the Communications Plan, a survey of members, will be conducted in late 2000. The Plan also includes re-development of the TIO’s website with the goal of providing members with a valuable source of advice about TIO policies and effective complaint handling procedures. The website will contain a section dedicated to TIO members, allowing easy access to TIO information, providing advice for members and encouraging two-way communication between members and the TIO. The re-development is scheduled for late 2000.
Despite these positive developments and the fact that the overwhelming majority of TIO members recognise and accept their responsibilities to the TIO under legislation, two emerging trends are a cause for concern.
The Telecommunications (Consumer Protection and Service Standards) Act 1999 requires all carriers and eligible carriage service providers, including ISPs, to be members of the TIO Scheme. The TIO approaches providers about Scheme Sarah Nye membership as it becomes aware of them. If an eligible carriage service Member Services Adviser provider fails to submit a TIO membership form, the TIO will refer that provider to the Australian Communications Authority (ACA). During 1999- 2000 the TIO referred seven providers to the ACA for enforcement action.
Two ISPs have effectively challenged a direction by the ACA to join the TIO Scheme and the ACA has commenced enforcement action in the Federal Court. The position of a number of other ISPs who have also failed to join the TIO is dependent on the outcome of these proceedings.
The year has also been marked by an increase in bad debts where some members have failed to pay complaint handling fees to the TIO. In most cases, this has occurred where the members have ceased trading or gone into receivership or liquidation, effectively leaving all other TIO members carrying the costs. In other cases, however, the TIO has been forced to take recovery action against members. In one significant case, despite the TIO obtaining a consent judgement against a member and the member undertaking to pay the judgement, the member failed to pay outstanding fees.
As a consequence, the TIO Board, with the support of Council and the Ombudsman, referred the member to the ACA for prosecution as being in breach of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
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Complaint resolution process Through its emphasis on providing free, independent, just, informal and speedy resolution of complaints, the TIO aims to assist the consumer by providing an accessible, non-bureaucratic alternative dispute resolution forum.
The TIO is able to assist consumers who have been unable to resolve complaints directly with carriers, telephone service providers or Internet Service Providers (ISPs). As an office of last resort, the TIO provides consumers and small businesses with an alternative to the court system, when other avenues for dispute resolution have been explored but have failed to provide a resolution.
The TIO strives above all for an independent and just approach to complaint resolution. The TIO’s independence means that it is able to investigate each individual complaint on its merits, seeking the perspectives of both sides and forming a view as to the most reasonable outcome on the basis of the "Through its information provided. The TIO aims to achieve a resolution based on what is emphasis on fair and reasonable, rather than on strictly legal grounds. providing free, To assist in reaching such an outcome to a complaint investigation, the TIO independent, just, asks the consumer and the TIO member to demonstrate good faith in their informal and approach. The attitudes of the complainant and the member, their good faith speedy resolution and willingness to acknowledge the other’s perspective play a critical role in achieving a result which is acceptable to both parties. of complaints, the TIO aims to assist the consumer Complaint definition by providing an As a consequence of the development of a new Complaint Handling Code by accessible, the Australian Communications Industry Forum (ACIF), the TIO has adopted non-bureaucratic the Code’s definition of a complaint as ‘an expression of grievance or alternative dispute dissatisfaction which does not include a request for information’. The TIO resolution forum." expects that participants in the industry will also adopt this definition.
Total contacts Percentage increase in complaint by number ’000 numbers compared to previous years
1994|95 1994|95
1995|96 1995|96
1996|97 1996|97
1997|98 1997|98
1998|99 1998|99
1999|2000 1999|2000
0 10203040506070 0 10203040506070
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Complaint escalation CASE STUDY Deirdre O’Donnell New complaint escalation guidelines were developed in 1998-99 following an independent review of the TIO investigations function. The guidelines were Claims for compensation for designed to ensure greater consistency in categorising complaints, and to loss of business often arise provide TIO members with a greater understanding of the triggers for where a small business has complaint escalation. experienced disruption to the The TIO classifies complaints into four levels. Level 1 is reserved for supply of its complaints that can be resolved at the time the consumer calls the TIO, or telecommunications services. within two working days. Levels 2 and 3 require the TIO member concerned The majority of complaints to respond within set timeframes. The TIO may escalate a complaint to the which reach Level 4 have a next level if the member’s response is provided beyond the set timeframe or compensation component. if the response is not satisfactory. In one complaint, a small The TIO’s objective is efficient and thorough handling of complaints. To this business experienced a end, a single Investigations Officer will handle a matter from first contact number of problems with its with the complainant right through the first three levels of complaint. This telephone service. As the means the complainant will always deal with an Investigations Officer proprietor had a job requiring familiar with their issue. Complainants may request that an Investigations him to be readily accessible Manager review their complaint if they are not satisfied with the outcome. to clients, an unreliable Matters that are escalated to Level 4 are handled by the Deputy Ombudsman. telephone service had severe For some Level 4 complaints, a resolution may be mediated or conciliated. consequences for his Where no agreement can be reached, the Ombudsman may make a legally business. The TIO investigated binding determination or direction. the technical aspects of the complaint, and then TIO complaint levels and costs to members proceeded to analyse data concerning likely impact on Complaint Category Up to 30 June 2000 From 1 July 2000 loss of profit. Level 1 $15 $18 Financial statements for the Level 2 $140 $160 preceding three years were Level 3 $315 $350 examined to identify seasonal trends. Corroborating Level 4 $1,130 $1,200 statements were also requested from potential clients regarding the Complaint mix by year (percentage of total) difficulties experienced in contacting the business. Telephony complaint mix Internet complaint mix Finally, the TIO developed a view as to the potential loss 1997/98 1997/98 of profit, and exercised its Level 1 1998/99 Level 1 1998/99 1999/2000 1999/2000 formal powers by making a Determination in favour of
Level 2 Level 2 the complainant to the value of $7,500.
Level 3 Level 3
Level 4 Level 4
0 20406080100 0 20 40 60 80 100
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 21 3807 TIO 2000.xps 13/7/01 12:51 PM Page 22
See page 47 for a Complaint handling performance guide to the TIO’s complaint statistics. indicators Consistent with previous years, complaints to the TIO continued to rise in 1999-2000. The TIO received a total of 67,761 contacts in 1999-2000, an increase of 5.2% over the previous year. This total includes 13,361 enquiries which did not lead to a complaint, leaving 54,400 complaints investigated by the TIO.
The mix of complaints handled at Levels 1 to 4 has shown a pattern since 1997-98 of a slight decrease in Level 1 complaints, offset by an increase in each of the other three Levels. This demonstrates the increasing complexity of the matters being brought to the TIO, and a closer adherence to complaint escalation guidelines.
The increasing complexity of complaints is also reflected in the time taken to resolve them. In 1998-99, the average time taken to resolve a Level 2 complaint was 27.5 days. In 1999-2000, this increased to just over 39 days. Similarly, Level 3 complaint resolution times have risen from 44 days to more than 56 days. As noted below, other factors also affected times taken to resolve complaints. "The increasing Level 4 complaints, while having no specified time limit, typically take much complexity of longer to resolve than other levels. The TIO’s internal benchmark is to resolve complaints is these within 90 days. In 1998-99, the average was 166 days, a decrease from reflected in the the previous year’s average of 254 days. In 1999-2000, the average fell to 116 rising proportion days. During the year, the TIO raised 43 Level 4 complaints and resolved 36. of Level 2 and 3 The TIO measures complaint outcomes in terms of whether these are complaints, and the substantially, partially or not at all in favour of the complainant. greater time taken Investigations Officers note this assessment based on feedback from the for the TIO to complainant. Outcomes for Level 1 complaints are not included as these are resolve them." usually settled within two business days. However, for the other three levels this outcome measure is regarded by many as an important indicator.
Complaint resolution times (days) Level 1 complaints are usually resolved within two working days
Level 2
Level 3
1997/98
Level 4 1998/99 1999/2000
0 50 100 150 200 250
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In 1999-2000, complaints resolved substantially or partially in favour of the complainant decreased from 66.9% to 47.3%. There was also a slight decrease in complaints resolved not in favour of the complainant, from 18.6% to 15.1%. These decreases must be balanced against a significant rise in the number of outcomes not recorded, which more than doubled from 14.6% to 37.6%. Outcomes are not recorded when feedback from the complainant is not available.
These statistics could be interpreted as showing a trend of gradual decrease in the proportion of complaints resolved partially or substantially in favour of the complainant. Companies operating in more mature industries generally have more effective customer service and complaint resolution procedures. Complaint resolution schemes in more mature industries, such as banking and insurance, report more equal proportions of complaint outcomes in favour of the complainant and the company concerned.
However, the matter is clouded by the fact that the increase in the proportion of outcomes not recorded may reflect a rise in the incidence of matters being resolved directly between parties following the TIO’s intervention. Where this happens complainants usually do not advise the TIO of the final outcome. The TIO has strengthened its data gathering procedures to ensure that as much information as possible is gathered under the heading of complaint outcomes, and aims to record a greater number of complaint outcomes in next year’s statistics.
Complaint outcomes (percentage of total) Excludes Level 1 complaints
Substantially 1997/98 in favour 1998/99 of complainant 1999/2000
Partially in favour of complainant
Not in favour of complainant
Not recorded
0 1020304050
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Complaint trends and TIO performance "...while public Analysis of complaint trends and TIO performance over the past year shows awareness of the obvious issues but also reveals apparent contradictions. TIO remains an As predicted, the increase in local call resale activity has led to a significant important factor, increase in customer transfer complaints, with over 70% of all such the level of complaints relating to the pernicious practice known in the industry as industry activity slamming – the transfer of a telephone service without the customer’s is the primary informed consent. driver of the At the same time, complaints about delays in providing new telephone lines complaints to and in repairing faults remain at historically high levels driven largely, but the TIO..." not solely, by the inability of some industry participants to meet performance standards under the Customer Service Guarantee (CSG).
Complaints about staff of carriage service providers have also surged from previously low levels as a result of two related factors. First, a possible fall off in levels of customer service as some companies struggle to keep pace with an increase in customer numbers and second, greater sensitivity on the part of the TIO in recognising and then categorising these complaints.
Finally, on a positive note, billing complaints continue to show a downward trend, both in percentage and absolute terms, principally as a result of optional itemisation of local calls and the decline in backbilling problems.
Otherwise, however, the picture of industry activity and TIO performance which emerges is somewhat confusing.
At first glance, comparison with past years suggests that while complaint numbers have again increased, the rate of that increase has fallen.
"…demand Survey evidence suggests that overall levels of public awareness about the for the TIO’s existence and role of the TIO have also declined since the last survey in services… 1998. has surged." Yet the demand for the TIO’s services, as evidenced by a very large increase in average calls through the 1800 freecall number, has surged. At the same time, the percentage of such calls as the first point of contact has declined from 99% five years ago to approximately 85%, with 12% of complaints being received in writing and the balance by e-mail.
At the same time, the average length of telephone calls through the 1800 number has increased from just under 5 minutes in 1998-99 to almost 5 and a half minutes in 2000 – a seemingly modest increase but with significant implications for available resources. Similarly, there has been an increase in the average time taken to resolve Level 2 and 3 complaints.
While it is difficult to reconcile these trends several conclusions can nonetheless be drawn.
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Investigation Managers, Debra Lusty (left) and First, while public awareness of the TIO remains an important factor, the Bernie Wise. level of industry activity is the primary driver of complaints to the TIO as shown, for instance, by the increase in customer transfer complaints.
Second, for the first time since the Scheme was established there has been a decline in the performance of the TIO both in answering incoming calls and in resolving complaints speedily.
This decline is due to the unprecedented level of industry activity, the increasingly complex nature of complaints, as evidenced by the surge in written complaints and the average length of calls to the 1800 number. In short, the TIO’s available resources are now strained.
As a result, at the request of the Ombudsman the TIO Council has established benchmarks in respect of resolution times for Level 2 and 3 complaints and will also set benchmarks for call answering.
Third, because of the above factors, the decline in the rate of increase of complaints is more apparent than real. This suggests that there is a significant level of unmet demand for the TIO’s services which the TIO must address.
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Telephone Service Investigation Issues Investigation issues > Billing Billing delays (back billing) Payment issues and other charges > Provision of Service > Customer Transfer > Credit Control > Mobiles > Faults > Staff Overview > Customer Service Guarantee 56,504 ISSUES RAISED > Privacy In 1999-2000 the TIO received 62,678 contacts regarding telephone services, > Land Access > Directories an increase of 3.5% over the previous year. 12,042 of these were enquiries > Standard Form of which did not lead to a complaint against a telephone company. As a Agreement and complaint may involve several issues, the 50,636 complaints logged resulted > Payphones in the TIO investigating 56,504 issues. The TIO logs issues in complaint > Telephone and categories, such as billing and privacy. The graph opposite and figures noted Smart Cards in text on the following pages describe complaint categories as a percentage of total issues investigated.
Billing issues continue to be the major area of complaint, accounting for 26.4% of all telephone issues raised. However, this is a significant decrease from last year’s figure of 37.4%. This marked decrease is due to a combination of fewer complaints about billing and an increased number of complaints in other categories.
Complaints about the provision of services continued to increase, rising from 14.7% of all telephone issues in 1998-99 to 16.3% in 1999-2000. Other significant increases included complaints about customer transfer, which rose from 9.7% to 14.6%; complaints about staff of telephone companies, which increased significantly from 2.3% to 6.9%; and complaints about credit control practices of telephone companies which increased from 8.8% to 10.3%.
The proportion of complaints about mobile telephones and faults were comparable to 1998-99 at 10.0% and 9.8% of all telephone complaints respectively.
See page 47 for a guide to the TIO’s complaint statistics
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Telephone service issues breakdown – 56,504 total issues Graphed as percentage and total: bars represent percentage, numerals indicate total "Complaints about the provision of 1997/98 15511 Billing 1998/99 19901 services continued 1999/2000 14917 to increase, rising from 14.7% of 4522 all telephone Provision of Service 7823 9183 complaints in 1998-99 to 16.3% 3357 in 1999-2000." Customer Transfer 5169 8258
3258 Credit Control 4679 5792
4251 Mobiles 5340 5667
3494 Faults 5560 5510
708 Staff 1207 3882
1433 Privacy 1726 1527
441 Land Access 625 762
676 Directories 771 548
128 SFOA 247 246
116 Payphones 211 152
0 Phone/Smart card 0 60
0 51015 20 25 30 35 40 45 Percentage
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CASE STUDY Billing Kate McLeod 14,917 ISSUES RAISED I received a complaint from a In 1999-2000 complaints about billing issues fell to 26.4% of all telephone young woman who recently had a complaints compared to 37.4% for the previous year. The decrease is due to new telephone service connected rising complaints in other categories and telephone companies providing to her residence, which she more easily understood bills, including itemisation of local calls. shared with another person. The complainant explained that her Billing complaints about fixed line services made up 76.5% of all billing flatmate had an outstanding debt complaints. The remainder related to complaints about mobile services. with the telephone company Billing complaints involve complainants claiming they were charged for calls which connected the new service, which were not made or services and products that were not received or and this debt was transferred requested. Billing also includes complaints about telephone companies onto her new account. overcharging for calls or contract work completed, such as connecting After numerous calls to the services and digging trenches. company to resolve the issue, the Before investigating complaints about disputed call charges the TIO requires debt remained on the detailed information from complainants to substantiate their claims. The TIO complainant’s account. The TIO also expects complainants to pay the undisputed portion of an account raised this matter with the before it will investigate disputed charges. telephone company which promptly removed the debt from Billing delays (backbilling) the new account. Backbilling is the practice of billing for calls made prior to the current billing period. Complaints about backbilling comprise 7.6% of all billing complaints during the year.
Billing issues – fixed line services Billing issues – mobile services Percentage of 11,408 total issues Percentage of 3,508 total issues
Issue Issue Other charges 23.0% Other charges 42.4% Information & sexline calls 13.7% Payment issues 25.5% Payment issues 11.9% Service & equipment charges 10.3% Disputed metered calls 8.8% Access fee 4.7% Disputed international calls 8.6% Disputed long-distance calls 3.9% Billing delays 7.6% Billing delays 3.9% Disputed long-distance calls 6.5% Other 9.4% Non-receipt of discount/credit 5.8% Other 14.1%
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While backbilling was a significant area of complaint in the past, the last CASE STUDY two years have seen a decline in backbilling complaints due to Telstra Paras Pappas completing its Service Provider Legacy Debt Recovery Project. I received a call from a However, backbilling on mobile accounts remained static at 3.9% of all complainant who disputed mobile billing complaints. The cause of backbilled charges on mobile service $1,200 worth of live sex calls accounts is usually delays in transferring billing data from mobile carriers to allegedly made from his the companies which issue bills to customers, or problems transferring billing telephone service. The data from one billing system to another within a company. The TIO has complainant had two telephone always ensured that telephone companies adhere to their own internal lines, one for voice calls and one policies, which vary between service providers and may include clauses which exempt providers from keeping to billing timeframes where the billing used for internet access. The information is dependent on another provider. The introduction of a Billing calls were charged to the service Code in the future will establish industry-wide rules in this area. used for internet access. However, as the disputed charges Other charges related to voice calls rather than calls made from the Complaints about ‘other charges’ occur where the complainant disputes fees, complainant’s computer modem, other than call charges, listed on their bill. These complaints include claims the calls were covered by the of being charged a higher fee for service connections than agreed with the new legislation. service provider, or being charged for services they did not receive or The complainant sent the TIO a request. Typically, these complaints are resolved by referring the complainant copy of his internet log-on to the appropriate area within their service provider to have the charge explained. Common complaints in 1999-2000 included being incorrectly report to prove that he had not charged for rental of equipment and being charged a new connection fee accessed the internet when the rather than an in-place connection fee. disputed calls were made. I raised a complaint against the ‘Other charges’ is the most common form of billing complaint at 23.0% man’s telephone service provider of total billing complaints about fixed line services, and 42.4% of billing and requested evidence that it complaints about mobile services. The percentage of ‘other charges’ had complied with the new complaints relating to fixed line services decreased significantly compared to legislation in this situation. The last year as a result of improved billing practices by providers. provider acknowledged that it had not met the conditions of Information and telephone sex services the new legislation and agreed Complaints about information and telephone sex services accounted for to waive the disputed charges. 13.7% of fixed line billing complaints and 2.7% of mobile billing complaints. These figures are comparable with previous years.
Recent changes introduced by Part 9A of the Telecommunications (Consumer Protection & Service Standards) Act 1999 stipulate that telephone companies cannot bill a customer for calls to telephone sex services unless the customer has: (a) agreed in writing to use their telephone for the supply of telephone sex services; (b) been issued with and used a Personal Identification Number (PIN) for access to telephone sex services; and (c) made the sex service call to a number with an approved prefix, such as 1901.
When investigating complaints about charges for telephone sex services, the TIO requires telephone companies to waive all related charges unless these conditions have been met. The TIO has adopted interim investigation procedures in this area pending further discussions with the Australian Communications Peter Jones Authority (ACA) and the Australian Broadcasting Authority (ABA). Investigations Officer
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CASE STUDY The legislative changes, which came into effect in February 2000, only apply Carmen Buccheri to live sex services accessed from a telephone. Sex services accessed via the internet are not covered by this legislation. The TIO predicts a future I received a call from a man who decrease in these complaints as telephone companies continue to implement disputed a new connection fee procedures which comply with the conditions of the new legislation, and charged by a telephone company. content providers seek other ways of providing these types of services. The man had requested a new connection, but as the company Mobile billing issues could not meet his required date he cancelled the request and Mobile billing complaints increased from 17.2% of all billing complaints in arranged for the connection to be 1998-99 to 23.5% in 1999-2000. Mobile service providers usually resolve billing complaints without further action by the TIO. completed by a different provider. The complainant subsequently In 1999-2000 the TIO introduced two new categories for mobile billing received a bill from his original complaints: roaming charges, which comprised 1.2% of all mobile billing telephone company for complaints; and complaints about monthly access fees at 4.7% of mobile connection of a telephone service. billing complaints. Complaints about roaming charges are usually the result of consumers being unaware that extra charges apply when they use their The TIO raised the matter with mobile handset overseas. Most of these complaints are resolved when the TIO the original telephone company, refers the complainant to their service provider for an explanation. which maintained that the charge would stand as the man had Complaints about mobile access fees arise where complainants believe they requested and received a have been charged an incorrect access fee after changing their monthly plan, telephone service. The TIO or where complainants continue to be charged an access fee after they requested further investigation requested that their mobile service be disconnected. by the company based on the evidence provided by the complainant, which indicated that the service number allegedly connected by the provider was not the Provision of service breakdown Customer transfer breakdown % of 9,183 total issues % of 8,258 total issues complainant’s current service. The company investigated the matter and agreed that the service should not have been connected as the complainant had cancelled the request. The company withdrew the charges. Issues Issue New delay 63.0% Unauthorised 70.4% Disconnection - delay and error 15.0% Delay 28.3% Other 11.8% Porting 1.3% In-place delay 10.3%
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Provision of Service CASE STUDY Rodney Bird 9,183 ISSUES RAISED I received a call from a man who Complaints about the provision of services climbed for the third consecutive had arranged the relocation of year to 16.3% of all telephony issues raised compared to 14.7% for the his business around the previous year. The increase reflects the impact of the Customer Service connection of three telephone Guarantee (CSG), introduced in 1998, and difficulties in meeting its lines. However, due to a performance standards. shortage of available cabling at Provisioning includes complaints about delays and the quality of new and the man’s new premises the in-place connections, service disconnections, enhanced call handling features, service provider could not number allocation, call barring and calling number display. Provisioning connect the new lines on the complaints relate to the standard telephone service and not mobile services. agreed date. The complainant Provisioning complaints were again dominated by delays in the connection had already moved premises and of new services, however these fell as a percentage of total provisioning only became aware of the complaints from 77% last year to 63% in 1999-2000. The most significant shortage when the appointment rise was in the category of service disconnections, which soared from 3% in was missed. 1998-99 to 15% this year. The TIO referred the complaint This increase can be directly attributed to the local call market being opened to the man’s service provider, up to competition. Complaints against new local call providers accounted for who arranged an interim mobile the majority of the increase in this category. The complaints generally relate service for him until the new to a service provider failing to release a telephone line when a customer lines could be connected. moves premises. The problem mostly affects the new tenant who is unable Once the telephone company had to connect a phone line with their preferred provider. installed new cabling and When dealing with provisioning issues, the TIO is able to help complainants connected the service, the TIO obtain commitment dates for new connections and in some circumstances determined that the man was may also request that the service provider consider supplying an interim entitled to more than $4,000 in service. The TIO also ensures that providers pay the appropriate compensation under the CSG. compensation under the CSG and abide by the guidelines of the Universal Service Obligation (USO). The TIO can also assist in arranging for the release of a telephone line to another company.
Customer Transfer 8,258 ISSUES RAISED
Complaints relating to customer transfer or ‘churn’ accounted for 14.6% of telephone complaints raised during 1999-2000, a significant increase compared to 9.7% for the previous year. This is the greatest rise in percentage across all TIO telephone complaint categories.
The rise is clearly linked to the introduction in October 1999 of competition in the local call market. The local telephone call market is intensely competitive, leading some telephone companies to adopt increasingly aggressive marketing tactics. These tactics have led to a marked increase in the number of complaints about unauthorised transfers or ‘slamming’.
Unauthorised transfers accounted for 70.4% of all complaints in this category. This increase is of great concern as the number of ‘slamming’ Claire Tacon complaints continues to rise. Investigations Officer
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CASE STUDY Many customer transfer complaints are from people who claim a door-to-door Jeremy Evans sales person misled them into signing a transfer form. The TIO continues to encourage consumers to carefully read any documentation before they agree I received a call from a woman to sign. who had authorised the transfer 1999-2000 also saw a rise in the number of companies using recorded of her long-distance service to telephone conversations to authorise customer transfers. This is an another telephone company. The acceptable method of gaining authorisation provided that the customer gives woman did not dispute the his or her approval for the telephone conversation to be recorded. transfer of her long-distance service, but claimed that her local An issue of continuing concern to the TIO is the failure of some telephone service had also been transferred companies to verify that the person authorising the transfer is the account – without her authorisation. holder. Only the account holder may authorise transfers. The company investigated the This year saw the completion of the Commercial Churn Code by the Australian matter and sent the complainant Communications Industry Forum (ACIF). The code aims to regulate the a copy of the form it had taken as conduct of service providers in processing customer transfers. The TIO has authority to transfer the local call agreed to investigate complaints about breaches of this Code and registered service. The form appeared to give 441 potential breaches during 1999-2000. The TIO will refer service providers authority for a complete service that persistently breach the Code to the Australian Communications Authority transfer, however this form (ACA). differed from the copy the woman had kept. Further investigation revealed that six days after the Credit Control woman had signed the form 5,792 ISSUES RAISED requesting transfer of her long Complaints relating to credit control accounted for 10.3% of all telephone distance service, another form service issues raised with the TIO during 1999-2000, compared to 8.8% for authorising transfer of her local the previous year. The slight increase may be due to companies adhering call service was completed. The more rigorously to debt collection activities in the light of increased personal details on the form were competition. correct, however the signature did not match the long-distance The major cause of complaint within this category related to the collection transfer form. of debts. Other credit control complaints involved telephone companies barring telephone services following billing disputes, rejection of consumer Only careful consideration of the applications for telephone services and telephone companies threatening circumstances and close analysis legal action to recover debts. of the signatures brought this complaint to a fair resolution. The While the TIO does not have the power to change the credit control policies company accepted that the of telephone companies, it can investigate matters where a policy may not second form may have been a have been followed. The Australian Communications Industry Forum’s (ACIF) forgery and credited disputed call new Credit Management Code will introduce standard rules to be followed in charges and returned the woman’s these areas. local call service to her original provider.
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Mobiles CASE STUDY Trevor Mason 5,667 ISSUES RAISED I received a call from a man who The proportion of complaints about mobile services in 1999-2000 remained claimed he was unable to receive the same as 1998-99 at 10.0% of all telephone service complaints. calls on his new CDMA mobile Complaints in this category relate to analogue (AMPS), digital (GSM) phone. The man stated that he and Code Division Multiple Access (CDMA) mobile networks. had not been able to receive calls The majority of complaints were about coverage, mobile contracts and even though he was in a coverage network faults such as call drop-out and congestion. Complaints about area with the battery fully mobile contracts related to lack of advice or misleading advice at the charged. Instead, every incoming point of sale. call had been transferred 12.1% of all complaints about mobiles received by the TIO related to CDMA. immediately to voicemail, Of these complaints 57.9% were about coverage, 10.0% related to network resulting in expensive retrieval faults, 19.2% were about contracts and 12.9% related to problems with and call costs. equipment. CDMA complaints typically relate to consumer expectations that The TIO referred the matter to the the coverage of the new Telstra network would be identical to that of the mobile service provider who found analogue network. that the man had set the call Complaints about the analogue network accounted for 1.6% of all mobile diversion on his CDMA mobile complaints, down from 2.2% in 1998-99. Coverage was the main issue at incorrectly, resulting in every call 44.0% of all analogue complaints, followed by complaints about the phase- being diverted to voicemail. After out of the analogue network at 20.9% and equipment at 16.5%. the man changed his call diversion settings he was able to Complaints about GSM digital service decreased from 97.9% of all mobile receive calls on his CDMA phone. complaints in 1998-99 to 86.3% in 1999-2000. The decrease is due to the introduction of a category for CDMA complaints. Problems such as this are common whenever new technology is As in previous years, contracts accounted for the highest proportion of introduced. In the TIO’s complaints about GSM services at 60.4%, followed by coverage at 17.2% experience, it takes some time for - a slight decrease compared to 1998-99. users to familiarise themselves with new products.
GSM digital Mobile issues – CDMA % of 4,887 total issues % of 689 total issues
Issue Issue Contracts 60.4% Coverage 57.9% Coverage 17.2% Contracts 19.2% Equipment 17.1% Equipment 12.9% Network 5.3% Network 10.0%
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CASE STUDY Faults Tanya Erdos 5,510 ISSUES RAISED I received a call from a man Complaints about telephone faults decreased from 10.4% of all telephone who had signed a mobile complaints in 1998-99 to 9.8% in 1999-2000. The decrease follows three contract after receiving advice successive years of increases in the percentage of complaints recorded in from the mobile service this category. provider that a hands-free kit was available for the handset The majority of complaints related to delays in fault rectification at 70.9%, he had chosen. The followed by recurring faults at 27.6%. The remainder related to telephone complainant later found that companies missing appointments for repairing faults. this was not the case, and In 57.2% of complaints about fault delay the main concern of complainants lodged a complaint with his was having their fault repaired, while more than 41.3% of all fault delay service provider. complaints involved claims for compensation. Where the complainant sought The service provider responded compensation, 69.2% were claims under the Customer Service Guarantee by disconnecting the (CSG) while the remaining 30.8% related to claims for loss of income by small businesses. complainant’s service and charging a penalty fee for When investigating fault complaints, the TIO asks the telephone company cancelling the contract. The concerned to provide an explanation of the problem and may also request man lodged another complaint technical testing of the faulty line. The TIO may also determine a repair date, with the mobile service negotiate an interim service such as a mobile telephone and confirm provider, stating that he had compensation payable to the customer under the CSG. not requested that the service The slight reduction in fault complaints is a positive sign, however the level be disconnected. The service of fault complaints remains high. In the TIO’s experience, the number of provider agreed to waive the faults complaints received depends largely on how the service provider penalty charge. handles these complaints in the first instance. Improved communication However, some time after the between service providers and their customers and compliance with time issue was resolved, the limits set out in the CSG should see a reduction in the number of fault complianant applied for a complaints lodged with the TIO. personal loan and was rejected on the grounds that he had defaulted on the penalty Staff charge. The man then lodged a 3,882 ISSUES RAISED complaint with the TIO. Complaints about telephone companies’ staff rose significantly during The TIO raised the matter with 1999-2000, increasing to 6.9% of all telephone complaints compared to the mobile service provider, 2.3% for the previous year. The majority of complaints logged in this who agreed to remove the category are the result of staff of telephone companies not dealing with default record and provide a an initial complaint to the satisfaction of the complainant. letter to the complainant’s 55.6% of complaints about staff were about administrative errors or bank explaining the situation. misleading advice, while 35.2% related to poor customer service, such as The complainant was satisfied long waits in telephone queues and lack of promised follow-up calls. with this outcome. The remainder related to other issues such as the attitude of staff.
The introduction of competition for local call customers resulted in a dramatic increase in the number of calls received by telephone companies’ customer service staff. The rise in complaints may be a result of some service providers struggling to respond to the increased volume of enquiries. This increase may also be influenced to a small degree by a change in the way the TIO records complaints about staff.
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pos only
The TIO usually refers complaints about staff to a higher level within the CASE STUDY company involved for the matter to be resolved internally. However, the TIO Marcela Mandarino may take action if it appears that the complainant has repeatedly received incorrect information or suffered from lack of follow-up commitments. I received a call from a complainant whose telephone company had made an Customer Service Guarantee appointment to connect a new service in August 1999. However, 3,623 ISSUES RAISED the service provider was unable The Customer Service Guarantee (CSG) allows consumers and small businesses to connect the service as there to receive compensation when telephone companies fail to meet minimum was no cabling available for the service standards. The CSG is included in legislation and administered by the new line. The complainant Australian Communications Authority (ACA). vacated the premises in The CSG provides time limits for telephone companies to connect telephone December without the telephone services and repair faults. The CSG also covers missed appointments and service being connected. delays in the connection of enhanced call features. The timeframes set by the The complainant claimed CSG take into consideration the population of the community that the compensation under the CSG customer lives in, the availability of telephone infrastructure and the cause for the delay. The telephone of the delay. company believed that the If a telephone company fails to meet these time limits and minimum complainant was not eligible for standards, the customer is entitled to a set amount of financial compensation. a CSG payment as he had vacated the premises and therefore no CSG-related complaints accounted for 6.4% of total telephone issues raised longer required the service. with the TIO over 1999-2000. Of these, 67.0% related to delays in connecting telephone services while the remainder related to fault repairs, The company also denied liability provision of enhanced call features and missed appointments. CSG complaints under the CSG because the relate to provision of service and fault complaints, and are not recorded in a customer had been given a free separate category. diversion service to another number, had declined three In 1999-2000 the TIO saw a considerable drop in the number of CSG-related separate offers of a mobile complaints against Telstra, and a corresponding increase in CSG-related telephone as an interim service complaints against other carriers. This change was largely due to an ACA and had vacated the premises ruling in early 1999 which stated that the CSG applies to all carriers for without notifying the service service provisioning delays. This confirmation allowed the TIO to investigate and log CSG-related complaints against the other carriers. provider or cancelling the connection order. The TIO investigates possible breaches of the CSG, the validity of exemptions The TIO reviewed the complaint claimed by service providers and confirms CSG compensation payable to and decided that a fair and telephone account holders. reasonable resolution would be for On 7 July 2000 a new CSG standard came into force. The new CSG includes the CSG to apply from the date some significant changes, including reduced timeframes for carriers to the telephone company had first connect new services; the inclusion of lines used for data transmission, faxes agreed to connect the service to and internet access; and the limitation of the CSG to five lines. As from the the date the first interim service beginning of August 2000, carriers are required to make automatic payments was offered. The telephone rather than customers having to claim compensation. company and complainant were satisfied with the resolution and a credit of $1000 was applied to a telephone account nominated by the complainant.
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CASE STUDY Privacy Monica Clements 1,527 ISSUES RAISED I received a call from a woman The proportion of complaints about privacy fell from 3.2% of all telephone who requested a silent line but complaints in 1998-99 to 2.7% in 1999-2000. The decrease may be a result had her details printed in the of telephone companies tightening procedures in anticipation of a new White Pages directory. The woman industry Code developed by the Australian Communications Industry Forum and her telephone company were (ACIF): Protection of Personal Information of Customers of Telecommunications in dispute over the date that she Providers Code. had asked for a silent number. The woman claimed that she had asked Privacy complaints involve alleged failures to provide silent numbers or block for a silent number two months Calling Number Display (CND), and claims that company representatives failed before her telephone company said to preserve personal information by not confirming the identity of callers she had requested it. before releasing details or acting on requests to alter accounts. The delay meant that her address The TIO regularly receives complaints from people whose personal was printed in the White Pages information has been passed between telephone companies for billing directory. The woman had strong purposes. Telephone companies may share this information provided that evidence that this put herself and they comply with privacy provisions in legislation. The TIO does not generally her family in danger. investigate complaints regarding this highly regulated activity. The woman requested a formal As in 1998-99, the TIO received many complaints about nuisance calls. apology from the telephone Unsolicited telemarketing calls are not classified as nuisance calls and are company. However, the TIO was generally out of the TIO’s jurisdiction unless the customer’s personal details unable to take the complaint any have been released by their telephone company to the telemarketer. The TIO refers breaches of privacy by a third party to the relevant company or further due to lack of evidence of government agency for investigation. the woman’s initial request. The complaint was difficult to pursue because the company’s records of the woman’s requests were logged Land Access on several different databases. 762 ISSUES RAISED This case study shows the The proportion of complaints about land access increased slightly in importance of proof in privacy 1999-2000, accounting for 1.3% of all telephone complaints compared to investigations. 1.2% for the previous year.
Of all land access complaints, 72.1% related to cabling and equipment damage, 14.3% related to objections to the installation of low impact facilities and 8.5% related to breaches of the Telecommunications Code of Practice 1997. These are similar proportions to the previous year.
Complaints about cabling and equipment damage include instances where carriers have damaged land owner or occupiers’ property when installing cabling or other infrastructure, or where callers to the TIO dispute liability for damage to a carrier’s cabling or equipment. To avoid expensive repair costs, the TIO strongly advises land owners and occupiers to find out where Julia Cornwell cables are located by dialling 1100 prior to digging or other construction Investigations Officer activity.
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The number of objections to low impact facilities increased during 1999-2000. CASE STUDY These complaints involve land owners or occupiers objecting to carriers Genevieve Kavanagh installing, inspecting or maintaining low-impact facilities such as cabling, small mobile towers and antennae. The TIO has jurisdiction to deal with these I received a complaint from complaints, however both parties must follow procedures outlined in the Code a landowner who claimed that of Practice before bringing the complaint to the TIO. After careful a carrier had not complied with consideration of the parties’ submissions, the TIO will either issue a direction its construction plans when to the carrier or dismiss the objection. installing cable alongside a dam on his property. The landowner Complaints about breaches of the Code of Practice arise where callers to the claimed that the dam was TIO allege that carriers have failed to follow procedures included in the Code, or have not fully explained the objection process. leaking as a result of the installation. The TIO received a significant number of calls this year from concerned The TIO raised the complaint residents in areas where carriers are erecting large mobile towers. The TIO with the carrier, which does not have jurisdiction to deal with complaints from callers who are not the land owners or occupiers, nor can it deal with complaints related to large arranged for soil analysis tests mobile towers. Residents who are concerned about the construction of large and provided a statement from mobile towers should contact the carrier concerned or their local government the previous landowner about planning authority. the capacity of the dam. The carrier stated that this investigation showed the soil in Directories the area did not retain water well and that the dam was 548 ISSUES RAISED leaking prior to installation of Complaints regarding directories decreased in 1999-2000, comprising 1.0% of the cable. The Department of telephone complaints received by the TIO. Complaints about the Yellow Pages Land and Conservation also accounted for 83.4% of these complaints, the remainder related to the investigated at the request of White Pages. the carrier, and reported that the laying of cable did not While the TIO does not have jurisdiction over ‘business’ directories, in 1999-2000 cause any damage to the dam. the TIO continued an informal arrangement with Pacific Access (Yellow Pages) Inspection of the dam and to assist complainants to reach acceptable complaint resolutions. construction plan showed that The TIO has formal jurisdiction over complaints regarding the White Pages, the carrier had in fact laid the which usually relate to errors and/or omissions in the printed and on-line cable as close as possible to the White Pages directories. The White Pages internet directory can be quickly original route. and easily updated to rectify any errors, however an error in the printed As a result, the TIO was unable White Pages directory can have a significant impact on businesses and residences. If an initial investigation reveals that the White Pages has made to recommend that the carrier an error, the TIO assists the complainant by remedying the error and/or relocate the cable or pay for mediating compensation for business losses. the cost of repairing the dam.
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CASE STUDY Standard Form of Agreement Olivia Lovelock 246 ISSUES RAISED I received a letter from a small A Standard Form of Agreement (SFOA) details the general terms and business owner who claimed that conditions of the supply of a telephone service, including specific services, the White Pages had printed his products and applicable charges. Telephone companies must use SFOAs if they phone number as his fax number, do not wish to negotiate individual contracts with their customers. On and his fax number as his phone request, telephone companies must advise customers where they can view number. Callers to directory copies of SFOAs. assistance services were also being given the man’s fax number The TIO may investigate whether telephone companies are providing services instead of his telephone number. and charging according to their SFOAs. However, the TIO cannot investigate complaints about the setting of tariffs, business practices or policies of On investigation, the TIO found telephone companies. The TIO refers these complaints to the Australian that White Pages had made an Communications Authority (ACA) or the Australian Competition and Consumer administrative error. White Pages Commission (ACCC). immediately rectified its on-line directory and provided Complaints regarding SFOAs remained almost static, totalling 246 in 1999- confirmation that the man’s 2000 compared to 247 complaints in 1998-99. business details would be correctly listed in the next printed edition of White Pages. To Payphones ensure that the man’s business 152 ISSUES RAISED was not adversely affected, White Pages supplied him with a cheque In 1999-2000 the proportion of payphone related complaints fell to 0.3% of all telephone complaints compared to 0.4% for the previous year. to cover the cost of a telephone/fax machine which The majority of complaints related to faults, vandalism, location of could answer both phone and fax payphones and loss of money. There has recently been some media attention calls. The complainant was to the fact that payphones do not issue change. This is a matter of payphone satisfied with this outcome. providers’ company policy and is therefore outside the TIO’s jurisdiction.
Telephone and Smart Cards 60 ISSUES RAISED
Complaints regarding pre-paid telephone and smart cards were recorded for the first time in 1999-2000, representing 0.1% of all telephone complaints. Many of these complaints related to policy matters such as expiry dates and terms and conditions of the cards. In these instances the TIO investigates whether the card provider has complied with its own policy. The TIO may request the provider to offer the complainant a refund or replacement card where this internal policy is breached.
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See page 47 for a Overview guide to the TIO’s complaint statistics 4,292 ISSUES RAISED
In 1999-2000 the TIO received 5,083 contacts regarding internet access services, an increase of 31.5% over the previous year. 1,319 of these were enquiries which did not lead to a complaint against an Internet Service Provider (ISP). As a complaint may involve several issues, the 3,764 complaints logged resulted in the TIO investigating 4,292 issues. The TIO logs issues in complaint categories, such as billing and privacy. The graph below and figures noted in text on the following pages describe complaint categories as a percentage of total issues investigated.
1999-2000 saw several significant changes to proportions of internet-related complaints. While the number of complaints about internet billing rose from 1,822 in 1998-99 to 2,102 this year, the percentage of billing complaints as a proportion of total internet-related complaints decreased markedly. This apparent discrepancy is due to a rise in the number of internet-related complaints received by the TIO and increases in other complaint categories.
The most significant increases in internet complaints related to access difficulties and contracts. This may reflect the growing number of "1999-2000 saw internet-related products and deals available on the market. several significant Complaints about the staff of ISPs also increased, rising from 0.4% of changes to internet-related complaints in 1998-99 to 6.6% in 1999-2000. These percentages of complaints include consumer perceptions that staff were rude, complainants internet-related were unable to get through to their ISP, calls or emails were not returned complaints." or that inadequate advice was given.
Internet service issues breakdown – 4,292 total issues Graphed as percentage and total: bars represent percentage, numerals indicate total
1997/98 688 Billing 1998/99 1822 1999/2000 2102
255 Access 585 1127
61 Contracts 242 440
Staff 12 0 282 120 Provision 172 122
12 Privacy 93 86
40 Faults 86 79
1 Credit Control 3 44
0 Customer Transfer 1 10
0 10 20 30 40 50 60
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CASE STUDY Complaints about perceived breaches of customers’ privacy dropped from 3.1% Carrie Liddle to 2.0% of internet-related complaints. This change may reflect a maturing industry coming to terms with broader community concerns and standards. With his mother’s permission, a schoolboy from a country area signed on with an ISP he had seen Internet billing advertised on television. When he 2,102 ISSUES RAISED ran the necessary start-up software, the boy inadvertently Complaints about internet billing decreased markedly from 60.4% of all selected a dial-in number which internet-related complaints in 1998-99 to 49.0% in 1999-2000. Billing was not a local call. continued to comprise the most significant portion of internet-related complaints. The decrease may be due to rising consumer understanding of The boy’s mother was shocked internet access services and clearer information provided by Internet Service when she received a bill for $1,200 Providers (ISPs). worth of calls to a nearby capital city. The TIO took up the The bulk of billing complaints related to disputed charges, unauthorised direct complaint with the ISP on the debits, and the selection of dial-in numbers that were not local calls. The TIO basis that no warning or advice also received a significant number of complaints about repeat dialling, account had been provided to the customer payments and the non-allocation of expected discounts or credits. about the importance of selecting The TIO continued to investigate complaints where the number of telephone a local dial-in number. calls to a user’s ISP did not match the log-in times recorded by the ISP. The ISP eventually agreed to Where it can be established that an internet user’s account has been contribute $350 towards the accessed by another user without authorisation (also known as ‘hacking’ or customer’s telephone bill and ‘freeloading’), the TIO will normally refer complainants to the police for began including warnings on its further investigation. website and installation software Complaints about long-distance dial-in numbers remained at significant about the need to select a local levels throughout the year. The TIO continues to encourage ISPs to provide dial-in number. clear warnings to customers about the need to select a local dial-in number and check call charges with their telephone company before using a dial-up service. Nevertheless, the level of complaints shows the continuing need for ISPs to provide more local dial-in points of presence.
In 1999-2000 the TIO began receiving complaints about billing for broadband cable internet services, which allow for large volumes of data to be downloaded quickly. In the TIO’s experience, users are sometimes unaware of limitations placed on download volumes. During the year the TIO investigated complaints from broadband users disputing expensive bills for internet usage on the grounds that they were misled about download limits and the cost of the service.
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Internet access CASE STUDY Kerryn Sonnet 1,127 ISSUES RAISED I received a call from a man who Complaints about internet access accounted for 26.3% of all internet-related complained that he had complaints, a sharp increase compared to 19.4% recorded in 1998-99. The experienced frequent connection number of complaints about internet access almost doubled compared to the problems and drop-outs. The previous year. The increase may be due to growth in TIO membership and the man had his computer, modem, rising number of internet users in Australia. and telephone line checked for 15.3% of these complaints were about congestion, 48.5% related to denial faults, and changed his dial-in of access, 21.6% were about drop-outs and 14.6% related to the speed of configuration. These actions downloads. failed to fix the problem and the The majority of these issues cause the user to make several attempts to man wrote to his ISP requesting connect to their ISP, resulting in increased call costs. Factors affecting the a refund of his annual performance of an internet service include incompatible user and ISP modems subscription. and faulty telephone lines. The TIO investigates to determine whether the The TIO raised the complaint problem is due to the complainant’s own equipment, the ISP’s equipment or with the ISP, which reported the telephone line. Modem incompatibility remains an unaddressed problem that the terms and conditions of for consumers. its annual subscription contract In the TIO’s experience, budget priced internet access deals are unlikely to stated that any prepayment of provide the same download speed and access levels as more expensive services. connection fees was not refundable. Given the difficulties he had been experiencing, the Internet contracts ISP offered the complainant a partial refund of his annual 440 ISSUES RAISED subscription fee from the time Complaints about internet contracts continued an upward trend, rising from that he had reported the drop- 8.0% of internet-related complaints in 1998-99 to 10.3% in 1999-2000. outs. The TIO and the The steady increase over preceding years may be due to the rising number complainant found that this was of people accessing the internet and a continued increase in internet-related a reasonable compromise. products and deals available on the market. This increased choice means consumers should thoroughly research the most suitable deal for their needs prior to agreeing to a contract. Equally important is the need for ISPs to assist potential customers in establishing whether a product or deal is the right one for that person.
47.0% of complaints about internet contracts related to alleged lack of information from ISPs. The remainder related to misleading information supplied by an ISP. The TIO advises internet users to thoroughly familiarise themselves with terms and conditions of internet access contracts before signing. ISPs should provide potential users with clear, easily understood contracts. Internet access contracts are legally binding on both parties, and can be difficult to dispute unless it can be shown that the ISP has not adhered to the contract or has provided the user with misleading or inaccurate information.
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CASE STUDY Internet staff Tony Dooley 282 ISSUES RAISED An internet user called the TIO to The number of complaints against staff of ISPs increased dramatically from complain about a dispute with his 12 in 1998-99 to 282 in 1999-2000, representing a rise from 0.4% to 6.6% ISP over fees for a download of all internet-related complaints. The majority of internet staff issues volume in excess of the ISP’s limit related to complainants having difficulty accessing ISPs’ customer service or for the complainant’s particular technical support services. Most of these issues are referred to the ISP and access contract. The complainant resolved without further action by the TIO. stated that he was unaware of such charges as the terms and conditions of his contract were Internet service provision not provided with set-up instructions for the service. 122 ISSUES RAISED The ISP claimed the account was The number of complaints about ISPs providing internet access services set up via the internet and as dropped from 172 in 1998-99 to 122 in 1999-2000. This decrease may be due part of this service, terms and to a combination of increased levels of understanding among internet users conditions were automatically and more effective technical advice provided by ISPs. supplied. Investigation revealed The TIO primarily investigated complaints about connection delays. that for a short period the ISP Complaints regarding software, email and domain issues were also received. had conducted system tests, which resulted in telephone enquiries being recorded as Internet privacy accounts set up via the internet. 86 ISSUES RAISED As the ISP was unable to assert that the user had viewed its Internet privacy complaints fell from 3.1% of all internet-related complaints in 1998-99 to 2.0% in 1999-2000. terms and conditions, the ISP agreed to refund the charges. The TIO is only able to investigate privacy matters relating to allegations of breaches of privacy on the part of the ISP. The TIO is unable to investigate other internet privacy matters such as the receipt of unsolicited or unwanted email (spamming). However, the TIO often refers complainants back to their ISPs to discuss methods of overcoming such problems. In extreme circumstances complaints of this nature may be referred to the police or the privacy commissioner.
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Internet faults CASE STUDY Carolyn Simpson 79 ISSUES RAISED I received a complaint from a The number of complaints about internet faults decreased from 86 in primary school teacher whose 1998-99 to 79 in 1999-2000, representing a drop from 2.9% to 1.8% of all Internet Service Provider (ISP) internet-related complaints. Almost all of these complaints related to call had failed to provide details of drop-outs. On receiving such complaints, the TIO advises the complainant the school’s existing internet about possible reasons for drop-outs and requires them to perform their access contract despite repeated own checks before referring the matter to their ISP for investigation. requests. The woman had telephoned and faxed the ISP over a period of a month with requests Internet credit control for information about how many 44 ISSUES RAISED accounts the school had, the rates and condition of each of the While constituting only 1.0% of internet-related matters, complaints about accounts and any amounts owing. ISPs’ credit control practices jumped from 3 in 1998-99 to 44 in 1999- The TIO raised the matter with 2000. The increases may be due to the continued growth in the number of the ISP, which promptly people accessing the internet. responded with the required Credit control complaints include disputes about alleged unpaid bills, information. The ISP also collection agency referrals and accounts created by minors. The TIO also apologised to the complainant received complaints about some ISPs requiring subscribers to hold a credit for the lack of communication. card. However, this matter relates to the internal policies of ISPs and so falls outside the TIO’s jurisdiction.
Geraldine Creaton Investigations Officer
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 43 3807 TIO 2000.xps 13/7/01 12:52 PM Page 44 Profile of Complainants
Type of complainant The proportion of complaints received from small businesses continued a downward trend, decreasing from 16.0% in 1998-99 to 10.4% in 1999-2000. The fall was offset by a rise in the proportion of complaints received from residential consumers, which rose from 83.1% to 89.1%. The rise in residential complaints is likely linked to a trend of increases in complaints about issues which primarily affects residential telephone users, such as customer transfer.
The proportions of government and charity complainants remained similar to previous years.
Method of complaint As in previous years, the overwhelming majority of complaints were received through the TIO’s 1800 free call number, which accounted for 85.1% of all complaints received. Nevertheless, the decrease in the use of the toll free number over the last three years has resulted in significant additional work for investigative staff as more consumers raise increasingly complex complaints in writing.
Similar to last year, a slight increase in complaints received via email was offset by a fall in complaints received through the 1800 free call number. While "…the accounting for only 2.8% of all complaints received, the percentage of overwhelming complaints received via email more than doubled. This rise reflects the increasing majority of popularity of the internet. complaints were Complaints received via fax and mail remained at similar proportions to the received through previous year. the TIO’s 1800 free call number…" Small business complaints The number of issues lodged by small businesses decreased from 8,612 issues in 1998-99 to 7,396 in 1999-2000, representing a 14.1% fall. 1,004 issues were outside of the TIO’s jurisdiction, leaving 6,392 issues investigated.
In general, trends in small business complaints reflected overall complaint statistics. However, the rise in customer transfer complaints from small businesses was not as marked as the increase shown in overall complaint statistics.
Telephone service issues accounted for 93.8% of all small business complaints. This proportion is similar to the percentage recorded for overall complaints. Billing issues decreased from 31.8% in 1998-99 to 21.1% in 1999-2000. Complaints about the provision of service increased from 24.2% to 25.5% of all small business issues, becoming the most common complaint from small businesses. In line with overall statistics, complaints about customer transfer rose from 9.2% to 10.7%, and complaints about the staff of telephone companies increased from 1.5% to 6.2%.
Complaints about internet access increased from 30.0% of all small business internet-related issues in 1998-88 to 35.3% in 1999-2000, becoming the most common internet-related complaint lodged by small businesses. Similar to trends in overall internet-related complaints, billing issues decreased from 36.5% to 35.0% and complaints about the provision of internet services decreased from 21.7% to 9.8%.
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Type of complainant
1997/98 Residential 1998/99 1999/2000
Small Business
Government
Charity
0 20406080100
Method of complaint
1997/98 Toll free number 1998/99 1999/2000
Written
In person
Switchboard call
0 20406080100
Small business complaints: percentage of 6,083 total issues Telephone service issues raised by small business
Provision of Service 25.5
Billing 21.1
Faults 14.6
Customer transfer 10.7
Credit Control 8.7
Staff 6.2
Mobiles 5.7 Directories 4.1
Land Access 1.4
Other 1.9 Percentage 20 40 60 80 100
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Complaints by state The proportion of complaints received from NSW reversed a long-term trend, decreasing from 38.9% of all complaints received in 1998-99 to 34.4% in 1999-2000. This fall was offset by increases in the proportion of complaints received from most other states. The proportion of complaints received from Victoria rose from 24.2% to 26.3%, while Queensland, South Australia and Western Australia also recorded increases.
The decrease in complaints from NSW was reflected in the number of complaints per head of population. ACT again recorded the highest number of complaints per head, with NSW slipping from second highest to fourth, following South Australia and Victoria respectively.
Complaints by state State distribution of complaints
1997/98 35.4 NSW 1998/99 38.9 1999/2000 34.4 31.7 Victoria 24.2 26.3 16.4 Queensland 15.8 16.8 6.8 SA 8.5 9.0 5.4 WA 6.9 8.0 2.0 Tasmania 2.6 2.5 1.5 ACT 2.1 2.0 0.8 NT 1.0 1.1 Percentage1020304050
Complaints per 1000 population State distribution of complaints
NSW
Victoria
Queensland
SA
WA
Tasmania
ACT
NT
Average
012345
Page 46 Telecommunications Industry Ombudsman Annual Report 1999–2000 3807 TIO 2000.xps 13/7/01 12:52 PM Page 47 Guide to TIO Statistics
The TIO publishes complaint statistics to alert consumers to problems and how to avoid them, and to encourage service providers to improve their customer service and complaint handling procedures.
The TIO is wholly funded by telephone and internet service providers who are required by law to be part of, and pay for, the TIO Scheme. The TIO is a free service for complainants.
New reporting method From 1 July 1999 the TIO changed the way complaint statistics are reported. Statistics no longer include enquiries which do not fit the appropriate definition of a complaint – that is, ‘an expression of grievance or dissatisfaction which does not include a request for information’. This means that requests for information about the TIO, enquiries for information about members and calls for directory assistance are no longer included in complaint statistics.
Removing these issues presents a more accurate picture of the types of complaints handled by the TIO.
Describing statistics The TIO uses four terms to define and describe how it deals with calls, emails, letters and faxes from consumers and small businesses: Contact Contact made by a member of the public with the TIO regarding telecommunications services. The contact could be made by telephone, fax, email or letter. The costs of all contacts are billed to members. Enquiry A contact regarding a matter that either is not an expression of dissatisfaction or grievance, or which is outside the TIO’s jurisdiction. The costs of enquiries are distributed among members. Complaint Contact regarding an expression of dissatisfaction or grievance which the TIO is able to investigate. The cost of a complaint is billed directly to the member concerned. Issue The matter or matters about which a member of the public has contacted the TIO. A complaint may involve more than one issue.
The TIO reports complaint trends in terms of issues, but charges members for the number of complaints logged against them and a proportional share of enquiries handled by the TIO. Members are not billed by issues.
For example, a person calls the TIO (one contact) with a grievance about a telecommunications service that is within the TIO’s jurisdiction (one complaint). The complaint involves two separate problems (two issues). The member company against which the matter is lodged is billed for one complaint.
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"The new reporting method means that complaint statistics in the 1999-2000 Complaint issues Annual Report are not directly The TIO logs similar issues into complaint categories, such as billing, privacy comparable to and customer transfer. Each issue may be further broken down into sub- statistics published categories. For example, the complaint category of ‘mobile telephones’ in previous Annual includes sub-categories for AMPS, GSM and CDMA issues. Reports." Reporting on issues The total number of complaints received by the TIO increases each year due to rising awareness of the TIO and increasing need for the TIO’s services. As a result, the number of issues recorded in each category usually increases from year to year.
Therefore, the TIO reports on telephone and internet-related complaint categories as percentages of the total number of telephone and internet- related issues received, rather than by numbers of issues.
The graph on page 27, and the text that follows, describes telephone-related complaint categories as a percentage of the total number of telephone- related issues logged.
The graph on page 39, and the text that follows, describes internet-related complaint categories as a percentage of the total number of internet-related issues logged.
Total number enquiries, complaints and issues (’000) A single complaint may involve more than one issue An enquiry is a contact which does not constitute a complaint.
70 contacts enquiries 60 issues complaints 50
40
30
20
10
0 Total contacts: 67,761 Enquiries & complaints Total issues: 60,796
Page 48 Telecommunications Industry Ombudsman Annual Report 1999–2000 3807 TIO 2000.xps 13/7/01 12:52 PM Page 49 Glossary
ACA (Australian Communications Authority) Churn The government body responsible for regulation The process of transferring customer accounts of many aspects of the telecommunications between service providers. industry with extensive powers under the Telecommunications Act 1997. CND (Calling Number Display) A service which allows a caller’s number to ACCC (Australian Competition and Consumer be viewed by the person receiving the call. Commission) The government body responsible for regulating Codes anti-competitive or unfair business practices and Performance standards set by ACIF and the enforcing the Trade Practices Act 1974. industry. While compliance with codes is voluntary, once a company is a signatory to a ACIF (Australian Communications Industry code it is bound by the standards set in that Forum) code. The ACA has the power to direct companies An independent body established by industry to to comply with codes. manage telecommunications self-regulation. A primary function of ACIF is to develop industry Complaint and consumer Codes of Practice. Expression of dissatisfaction or grievance with a telecommunications service or product. AMPS (Advanced Mobile Phone System) The first public mobile telephone service Complaint Levels introduced in Australia. The AMPS network closed The TIO’s classification of the complexity or in most areas of Australia during 1999, and will severity of a complaint. Level 1 complaints close in all remaining areas during 2000. are the simplest, Levels 3 to 4 the most complex.
Arbitration Constitution A process formally set up by the TIO and its The TIO Constitution outlines the roles, members, where an arbitrator is appointed to responsibilities and powers of the Board, Council, hear and bring down a finding to resolve a matter members and the Ombudsman. The Constitution between a TIO member and a complainant. This may be changed with the unanimous approval process is only used if a dispute cannot be of the Board. settled, the matter is extremely complex or the Council amount of compensation is likely to exceed $50,000. The arbitrator’s decision is binding on The TIO Council is comprised of an independent all parties. Chairman and an equal number of representatives from TIO members and consumer interests. Backbilling Council provides advice to the Ombudsman on Billing by a service provider for calls or services policy and procedural matters and ensures that provided prior to the current billing period. complaint handling procedures are effective. Service providers have differing policies regarding CSG (Customer Service Guarantee) the waiver of charges for backbilled services. A set of performance requirements placed by Board the ACA on suppliers of the standard telephone The TIO Scheme is a company limited by service. The CSG sets time limits and other guarantee and is accountable to its Board of standards for rectification of faults, connections Directors. The Board has corporate governance and appointments. The CSG entitles consumers responsibilities including risk management, to a set scale of compensation payments if the financial management of the Scheme, strategic standards are not met. affairs, budgeting and ensuring compliance with Determination/Direction the Memorandum and Articles of Association and the Constitution. A finding made by the Ombudsman when all efforts at resolution have been expended. Carrier The Ombudsman may make Recommendations An organisation which holds a carrier licence as to the value of $50,000 and binding Directions defined by the Telecommunications Act 1997. In to the value of $10,000. very general terms, a carrier provides the physical GSM (Global System for Mobiles) infrastructure used to supply carriage services to the public. A digital mobile phone system.
CDMA (Code Division Multiple Access) Investigations Officer A new type of digital mobile service different TIO staff member who receives, investigates to GSM digital. and resolves complaints.
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 49 3807 TIO 2000.xps 13/7/01 12:52 PM Page 50
ISP (Internet Service Provider) PABX (Private Automatic Branch Exchange) A company which provides internet access service A switching system used by medium to large to the public. All ISPs are required to be members organisations to route incoming and outgoing of the TIO. ISPs represent by far the largest group calls. of TIO members. Resolution Issue A complaint outcome found by the TIO which The matter about which a complainant has is satisfactory to the complainant and the TIO contacted the TIO. A single complaint may member. involve several issues. While the TIO charges its members by number of complaints, it reports on Service Provider the basis of number of issues raised. The TIO A carrier or carriage service provider who groups similar issues into categories, such as provides telephone, mobile or internet services. billing, faults and privacy. SFOA (Standard Form Of Agreement) Mediation The form of contract between a service provider An alternative dispute resolution method used by and its customer where there is no special or the TIO where a mediator is appointed to bring specific individual negotiations as to terms and parties together and achieve a mutually agreed conditions. A service provider must register its resolution. SFOA with the ACA.
Member Slamming A telecommunications service provider which The transfer of a customer's account between is a member of the TIO Scheme. The service providers without the account holder's Telecommunications Act 1997 requires all carriers informed consent. and eligible carriage service providers to be Spam members of the TIO. Unsolicited email. Memorandum and Articles of Association Standard Telephone Service Document outlining the rules and principles governing the TIO and its members. It is broader Fixed telephone service providing two-way voice and more comprehensive than the Constitution, communication for local, long distance and and covers areas such as administration and international calls. The standard telephone service funding. This document may be amended with the does not include mobile services, customer approval of two-thirds of TIO members in equipment or internet services. attendance at an Annual General Meeting.
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Carriers Joined Satellite Call Centres Australia Pty Ltd 25/07/97 TIO Members AAPT Ltd 1/07/97 Satellite Cowboys Pty Ltd 25/07/97 Agile Communications 8/09/98 Select-Tel Pty Ltd 11/08/99 Amcom Telecommunications 10/09/98 Singapore Telecom Australia Pty Ltd 14/07/98 Austar, Windytide Pty Ltd T/as 28/09/98 SITA 1/07/97 Cable & Telecoms Ltd 9/12/99 Skytel Pty Ltd 9/07/98 Cable & Wireless Optus (Optus Networks Southern Cross Telco Pty Ltd 1/07/97 Pty Ltd T/as) 1/07/97 Super Save Telecommunications 7/09/97 Central Exchange Ltd 14/06/00 T.One Telecommunications Pty Ltd 13/08/99 Communications Site Rentals Pty Ltd 20/10/99 Telconnect Pty Ltd 19/05/99 Datafast Telecommunications Pty Ltd 17/02/00 Tele Link Telecommunications Pty Ltd 1/07/97 Davnet Ltd 30/03/98 Tritel Australia 22/09/99 Global Dial Pty Ltd 3/05/00 Unidial Prepaid Communications Pty Ltd 1/07/97 Horizon Telecommunications Pty Ltd 6/04/98 United Telecommunications (AUST) Pty Ltd 1/07/97 Ipera Pty Ltd 20/03/00 United Telecommunications, UCMS T/as 1/07/97 Macrocom Pty Ltd 30/03/98 Vanguard Holdings Pty Ltd 18/06/99 NC Cable Pty Ltd 15/05/00 VIP Technologies Pty Ltd 2/08/99 New Star, Xinhua News Telecommunications Vodafone Network Pty Ltd 1/07/97 Pty Ltd T/as 25/08/98 Voice-Tel Pty Ltd 17/09/97 OMNIconnect Pty Ltd 18/09/97 Western Communication Solutions Pty Ltd 14/10/97 One.Tel GSM 1800 Pty Ltd 18/05/99 Winterton Communications Pty Ltd 10/03/98 Optus Mobile Pty Ltd 1/07/97 WorldPacific Communications 6/01/00 Optus Vision Pty Ltd 8/12/97 WorldxChange 1/07/97 Orange (Hutchison Telecoms (Aust) Pty Ltd) 1/07/97 WWN Telecom 26/02/98 Oz Telecom Pty Ltd 15/04/98 Telephone and Internet Service Providers Joined PowerTel Ltd 1/07/97 Primus Telecom 1/07/97 ACTEW Corporation Ltd 3/05/99 Pulsat Communications Ltd 16/08/99 Adlink 16/08/99 SCCLA Ltd, C/- Cable & Wireless Optus 2/02/99 Alpha Network Shop Pty Ltd 31/05/99 Smart Radio Systems Pty Ltd 20/11/97 Alphanet Pty Ltd 6/10/97 Soul Pattinson Telecommunications Pty Ltd 5/05/99 Australia Wide Web 28/04/00 Telstra 1/07/97 Australian Specialist Infotech Operations 26/08/98 Telstra Multimedia Pty Ltd 16/07/97 Australian Utility Brokers Pty Ltd 21/07/98 TransACT Communications Pty Ltd 16/04/99 AustraLink Communications Pty Ltd 5/08/98 Ue Comm Ltd 1/07/97 Budgettel Pty Ltd 11/02/00 Vodafone Pty Ltd 1/07/97 City Telecom (Australia) Pty Ltd 1/07/99 West Coast Radio 29/02/00 CVS Communications Corporation 27/05/99 Worldcom Australia Pty Ltd 26/06/98 DigiPlus Pty Ltd 17/07/97 Dingo Blue Pty Ltd 10/08/99 Telephone Service Providers Joined EcomTel 13/07/99 Access Plus Corporate 10/11/98 E-Talk Telephony, Itfirst.com.au Pty Ltd T/A 28/06/00 Alphacall Telecommunications 25/11/99 Global Connect Communications Pty Ltd 23/08/99 Americom, Koyo Pty Ltd T/as 29/09/97 Global Online Telecoms Australia Pty Ltd 9/02/00 Apple Communications Ltd 26/06/00 Japan Telecoms Corporation Pty Ltd 29/04/98 Astron Communication and Karsing Telecommunications Australia Pty Ltd 10/11/99 Information Services Pty Ltd 16/07/97 Knowledge By Design Pty Ltd 1/07/97 AT & T Communications Services Aust Pty Ltd 1/07/97 Managed Solutions Pty Ltd 30/03/00 AT&T Global Network Services Pty Ltd 28/02/00 Mercury Wireless & Egram 20/04/99 Australian Communication Exchange Ltd 1/07/97 Multelink Australia Pty Ltd 14/02/00 B Digital Ltd 26/05/99 Net2Phone Global 15/10/99 Big Mobile Communications Pty Ltd 3/08/97 Network Support Service (Qld) Pty Ltd 1/06/99 BT Australasia Pty Ltd 30/07/97 Northgate.net 21/08/97 CardCall International 18/09/97 One.Tel Ltd 1/07/97 Cellular One Communications Ltd 1/07/97 Panaseer 3/04/00 CMS Telecommunications 21/07/97 PTC Communications Pty Ltd 24/05/99 Davitel Pty Ltd 14/03/00 SMI Telecommunications Pty Ltd 27/07/99 Direct Telecoms Pty Ltd 20/10/98 Spectrum Networks Pty Ltd 12/05/00 Eclipse Telecommunications Pty Ltd 1/07/97 The Call Station,Swatch Telecom(Aust)Pty Ltd T/as 12/01/00 Emp Com 25/05/99 Timemac Pty Ltd 9/12/98 Ezi Phone Card Pty Ltd 2/04/98 Toptwin Pty Ltd T/A Emerald Office Supplies 2/02/00 Ezi Prepaid Mobile Pty Ltd 2/04/98 Total Network Group Pty Ltd 14/03/00 Far East Gateway (Australia) Pty Ltd 31/08/99 Totalcom Solutions Pty Ltd 27/07/99 Global Gossip 17/11/97 Your Service 4/05/00 Global One Communications Pty Ltd 1/07/97 Globaltel Australia Pty Ltd 2/05/00 Internet Service Providers Joined GSM Rentafone Pty Ltd 16/07/97 #1 Computer Services 4/04/00 IS-1 Communications Pty Ltd 1/07/97 1990 Multiline BBS Pty Ltd 8/09/98 JFax Communications Australia Pty Ltd 14/01/98 21st Century Pty Ltd 1/07/97 KDD Australia Pty Ltd 11/02/99 3D Net 4/03/98 LCR Telecom Pty Ltd 22/01/98 3rd Rock Internet Services 22/06/99 Macquarie Corporate Telecommunications 1/07/97 A R Internet 11/11/97 MCI WorldCom 21/07/98 A Y Communications 22/10/97 Mobile Innovations Ltd 1/07/97 A1 Internet Connectors 9/10/98 New Tel Ltd 12/03/99 Ablaze Internet Technologies Pty Ltd 30/09/99 Nomad Telecommunications Pty Ltd 2/03/98 Acay Network Computing Pty Ltd 16/10/97 Omni Plus Pty Limited 19/12/97 acce Netmastery 23/08/99 Oxygen Communications 14/01/00 Access Blue Lagoon Internet Services Pty Ltd 9/12/98 Oz One Connect 9/07/98 Access Internet 1/07/97 Pahth Telecommunications 1/07/97 Access Net 1/07/97 Pocket Money Ltd 18/06/99 Account Link 6/03/00 Primecall 1/07/97 Accsoft Computer Technology Pty Ltd 27/10/97 PSR Group Pty Ltd 1/07/97 Ace Internet 15/07/99 Redicall Pty Ltd 21/06/99 Ace Internet Services Pty Ltd 1/09/97 RSL Com Australia Pty Ltd 1/07/97 Ace Online Pty Ltd 21/07/98 Saise Telecommunications Pty Ltd 19/07/99 Aceconnect 17/09/98
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Acenet Internet Services 18/01/99 Bridge Online Systems 27/11/97 ACEPIA 23/04/98 Brisbane Internet Technology Pty Ltd 17/12/97 Acorn Communications Pty Ltd 6/05/99 Brisnet.org.au 25/03/99 ACR.NET 1/07/97 Broadnet Pty Ltd 16/07/99 Active Australia Pty Ltd 20/10/98 Burko Computers 18/07/97 Active Internet 27/05/99 Burnett Communications 9/08/99 Actweb 8/07/99 Business Environment Systems 7/08/98 Adam Pty Ltd 15/10/97 Business Resource Development 29/10/98 Adap-2-Us 24/06/99 C&N Newcastle Pty Ltd 29/06/00 ADNET Holiday Coast Internet 7/08/98 Caboolture Networks 23/06/98 Advanced Internet Services Pty Ltd 21/07/97 Caloundra Net 10/11/98 Advantra Pty Ltd 21/10/97 CanTech Online 28/09/98 AdviserNet (Sealcorp Holdings Ltd) 2/02/98 Catchnet 3/05/99 Afnet, Australian Fast Network 15/10/98 CCNS Internet Providers 15/10/98 AFS Computers Central Coast 10/11/98 CD Computer World Pty Ltd 17/03/00 AI Superlink Pty Ltd 18/10/99 Celestial Enterprises, Down Under Consultants T/as 12/05/98 Alexia Internet Services 25/08/98 Cellstar Pty Ltd 16/08/99 Allnet 23/06/98 Central Coast Internet Pty Ltd 13/11/97 Allstate Connect 18/01/99 Chariot Internet Ltd 30/10/97 Alpha Dot Net Australia Pty Ltd 31/10/97 Charon Information Services 1/07/97 Alphalink 1/07/97 Chatnet BBS 22/03/99 Alphawest Pty Ltd 9/07/98 Cherry Internet Access 1/09/97 Alphernet, Alpher On Line T/as 26/06/98 Cherry Technology Pty Ltd 8/06/99 Amaze Technologies Pty Ltd 6/10/97 Chilli Internet Solutions Pty Ltd 26/03/98 Ambience Internet 11/05/99 CIC Technology, Gratesand Pty Ltd T/as 20/11/98 Amisoft 13/11/97 Cimtec Pty Ltd 14/10/97 ANCC Internet Services 28/04/98 CISNET 19/04/00 Annexion 24/05/99 CITEC 18/07/97 ANS Communications Pty Ltd 2/04/98 Citylink Internet Services 4/08/99 AOL Australia 20/10/98 Clarinet Internet 1/07/97 APA Communications Pty Ltd 1/12/97 Clovelly Internet Services 20/10/99 APEX Internet 30/11/98 Clover Computing 10/06/98 Aquarius Communications 3/11/97 Club World.Net Pty Ltd 26/09/97 Arachnet Pty Ltd 24/08/98 ClubNet International Pty Ltd 18/01/99 Arcadia Technology 10/12/97 CMS Computers 10/01/00 Arcomnet 14/01/98 Coast Connect 18/05/99 Ardebil Pty Ltd 21/07/98 Coastal Waters Internet, Wavecliff Pty Ltd T/as 31/10/97 Artel Computer Pty Ltd 1/07/97 Coffee OnLine 20/09/99 ASC Computers & Electronics Pty Ltd 21/12/98 Comacom 10/06/98 Asgard.net, DigiSoft Pty Ltd T/as 25/09/97 Comaxes Corporation Pty Ltd 29/06/99 Asia Pacific Enterprise Link Pty Ltd 18/01/99 ComCen Internet Services 17/07/97 ASITIS Technology Pty Ltd 4/01/00 COMindico Australia Pty Ltd 18/02/00 AT&T EasyLink Services Australia Pty Ltd 27/03/98 Commerce Australia Pty Ltd 3/04/98 Atnet Pty Ltd 19/12/97 Communicat Pty Ltd 1/07/97 Atomic Impact 23/09/99 Communications Factory Pty Ltd 10/11/99 Aucom Pty Ltd 24/03/00 Compass Net 9/07/98 AudioPhiles Paradise 21/11/97 Compuserve Pacific 7/01/98 Aurum Internet Services 8/09/98 Computer & Technology Supplies Pty Ltd 27/08/98 Ausnetwork Pty Ltd 6/04/99 Computer West, Melzen Pty Ltd T/as 19/06/98 AUSOM Incorporated 1/07/97 Computers etc 21/12/98 Austasia Net Pty Ltd 1/07/97 Computing Success 10/06/99 Australia Connect Pty Ltd 21/07/98 Connect Direct Internet 27/07/98 Australia Internet Solutions Pty Ltd 13/10/97 Connect Infobahn Australia 1/07/97 Australia Online 25/03/98 Connect.com.au Pty Ltd 1/07/97 Australian Institute of Information Connectivity Australia Pty Ltd 30/11/98 Technology Pty Ltd 12/05/98 Contal Information Technology Pty Ltd 12/06/98 Australian Netlink Pty Ltd 21/07/97 Coolangatta.Gold.Com 21/12/98 AustraliaNet IT Pty Ltd 14/03/00 Corinthian Internet Services 6/04/98 Ausworld Pty Ltd 16/07/99 Corplink, APAC Internet Ltd T/as 20/04/98 Avon Global Communications 21/07/98 Corporate Internet Australia 21/11/97 Axs Systems, B L Software Pty Ltd T/as 24/08/98 Corporate Online Pty ltd 10/12/99 BackMeUp, BMU Pty Ltd T/as 22/10/97 Coscom Technology 16/04/99 Banana Shire Council 17/05/99 Cosmos Integrated Communications 19/09/97 Barcode Solutions Pty Ltd 23/09/99 Cougar Internet Access 13/12/99 Bateman's Bay Internet Services Pty Ltd 30/03/98 Country Netlink Pty Ltd 1/07/97 Be Secure Pty Ltd 18/05/00 CPC Pty Ltd 30/08/99 Beach Access Group 21/12/98 CR's Computer Mart Pty Ltd 10/09/98 Bellfrog Network 18/01/99 Crystal Internet Services 4/01/00 BELLisp 10/04/00 CSI Holdings Pty Ltd 18/07/97 Better Net Pty Ltd 23/11/98 CUCENTRAL Pty Ltd 23/11/99 Betterlink Pty Ltd 21/12/98 Currimundi Computer & Technologies 30/07/99 Beyond Net NQ 19/06/98 CybaNet Internet Services Pty Ltd 23/10/97 BFI Internet Services 28/06/99 Cybercrow 27/01/98 BigNet, Brisbane Internet Group T/as 13/05/98 Cyberelectric Pty Ltd 9/02/98 Bigwaters Internet Provider 15/09/99 Cyberlink Technologies 28/06/99 BIN Telecommunications Pty Ltd 25/03/99 Cyberloom Pty Ltd 30/04/98 Blue Mountains Internet 4/05/98 Cybernet International 16/02/00 Blue Net 18/01/99 Cybernet Pty Ltd 9/12/98 Blue Planet Net 20/11/97 CyberOne Pty Ltd, ACT Online Internet 3/09/97 Blue Print Internet 15/10/98 Cyberspace Corporation Pty Ltd 2/12/97 BluIce Technology 31/01/00 Cyrus Technologies 21/01/98 BMR.Net Internet Services 1/09/97 Cytech Corporation Pty Ltd 17/09/98 BoldWeb 22/07/97 Darkstar Internet 24/10/97 Braenet Pty Ltd 25/06/98 Darling Downs Internet Services 30/07/98 Branch Computing Pty Ltd 2/03/98 Dataline Networks Pty Ltd 22/10/97
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DAYTEC Australia Pty Ltd 20/02/00 FONEtel Pty Ltd 25/05/98 DCS Internet 15/10/97 Fox All Service Pty Ltd 24/08/98 DDA Computer Services Pty Ltd 7/12/99 Free Net Corporation 7/12/99 Design Online 31/03/00 Freegate Networks 1/09/99 Design-A-Web Australia 1/07/99 FreeISP 11/04/99 Developnet Services 9/02/00 Freenet Australia Pty Ltd 6/08/99 Dezza Net Pty Ltd 1/06/98 Freeonline.com.au Pty Ltd 21/06/99 DFS WEB 8/12/99 Frog Net Australia Pty Ltd 24/08/99 Dial One Internet Services 21/12/99 Functional Business Systems Pty Ltd 20/03/00 DialUp 23/01/98 Funnel Web Internet, True North Consulting T/as 9/01/98 Diamond Computer Pty Ltd 8/09/99 Futureweb Pty Ltd 9/07/98 Diamond Internet Services Australia 9/06/00 Gateway Internet Services 20/09/99 Diggy Internet Services 13/09/99 Gateworld Internet 5/05/99 Digital Connect Communications 28/08/98 Geko Internet Pty Ltd 18/05/98 Digital Media Corporation Pty Ltd T/as USSR.net 10/06/99 Gel Works Pty Ltd 22/07/99 Direct Net Solutions Pty Ltd 29/09/98 getonit.com.au 13/01/00 Dirt Cheap Internet 16/09/99 GKY Internet 1/07/97 Disk-O-Tech Leading Edge Computers 10/12/97 Global Connect (Aust) Pty Ltd 24/03/99 Dnet Internet Services 17/06/99 Global Freeway, Planet Edge Australasia Pty Ltd T/as 29/09/99 Domain Link 2/09/99 Global Info-Links Pty Ltd 3/04/00 Dot Communications Pty Ltd 2/10/97 Global Web Pty Ltd 1/07/97 Dove Australia Pty Ltd 6/11/97 Globalchat 25/05/99 DoveNetQ 15/08/97 Globec Internet Services Pty Ltd 28/08/98 Dragnet Internet Services Pty Ltd 26/11/97 Go Local Direct 14/06/00 Dragon Net 13/10/97 GoConnect Australia Pty Ltd 25/11/99 Dynamite Internet 1/07/97 GOL - Goldsborough Online Pty Ltd 17/02/99 E2F Pty Ltd 25/08/98 Goulburn Internet Pty Ltd 1/07/97 Eaglecom Pty Ltd 1/12/98 GPS Systems Pty Ltd 12/05/98 Eagles BBS Internet Services Pty Ltd 12/11/97 Gravity Internet 24/12/97 Eastcoast Internet 10/07/99 Great Circle Internet Services Pty Ltd 9/10/98 Easynet Pty Ltd 28/11/97 Great Lakes Hardnet Café 23/06/98 eBiz Inernet Services 19/07/99 Greenbank Net 25/02/99 ECK net 18/06/99 GrowZone OnLine 13/10/99 ECN Internet 14/11/97 GSAT, Geelong Science & Technology Centre 14/05/98 Ecopost Pty Ltd 4/08/97 Gympie Office Automation 18/01/99 EG Communications 25/03/98 HAQ IT Pty Ltd 24/03/99 EHCS Internet Services 31/08/99 Hard Disk Café 3/06/99 eisa Ltd 1/07/97 Hardnet Internet Access (Hardnet Cafe) 30/10/97 Elitenet Pty Ltd 10/06/99 Harenet, Netmap Solutions Pty Ltd T/as 3/03/98 Elmtree Consulting Services 28/05/99 Hartingdale Pty Ltd 1/07/97 Elu Information Systems Pty Ltd 27/10/97 Hawknet Internet Services 7/09/99 Emerge Technologies Pty Ltd 15/11/99 HC Consulting Services Pty Ltd 2/09/99 Emmaus College 18/09/98 Healey Communications Australia 5/10/98 Enet 21 Pty Ltd 10/01/99 HealthExchange 18/05/00 Enter Net Australia Pty Ltd 12/06/98 Heartland Communications 4/05/00 Enterpriize Internet 30/11/99 Here There and Everywhere Pty Ltd 5/04/00 EON Technology Pty Ltd 18/05/98 Hermes Internet 24/07/97 Escape Internet Online and Multimedia Services 1/07/97 Hi Tech Net 1/07/97 Escape.Net 12/01/98 Highlands Internet Pty Ltd 21/12/97 EtherTech Pty Ltd 2/06/99 HighTide Internet Pty Ltd 4/09/97 E-Vision Internet Services 8/11/99 Highway 1 (Australia) Pty Ltd 21/07/98 Evolution Technologies (Aust) Ltd 2/08/99 Hilink Internet Pty Ltd 25/07/97 EW Systems Australia Pty Ltd 27/05/99 Hitech City 7/05/99 Exapro, Xintian Pty Ltd T/as 24/08/98 Holodoc-Oz 23/06/99 Exceed Systems Integration Pty Ltd 14/03/00 Horizen Enterprises Pty Ltd 8/09/99 Excite@Home Australia Pty Ltd 29/06/00 Hotkey Internet Services Pty Ltd 29/10/97 Export Mission Information Systems Pty Ltd 10/01/00 Hotlinks Internet Services Pty Ltd 1/10/97 Express BBS 4/01/00 Hotnet 21/09/98 Express Publications Pty Ltd 23/02/00 Hrimas Enterprises Pty Ltd 21/11/97 EXPRESSNET 28/02/00 HTML Net 9/07/98 Extensive Service Provisions 15/06/99 Hudson Data 2/03/99 Ezeelynx Internet 28/07/99 Hunterlink Pty Ltd 16/09/97 Ezinet, Infonet Telecommunications Pty Ltd T/as 29/04/98 Hyperlink 1/07/97 Ezy2geT 4/05/99 Hypermax Pty Ltd 22/03/99 Ezylink 19/01/99 HyperNet SA Pty Ltd 5/07/99 F1 (Formula One) Internet Services 18/01/99 Icenet Pty Ltd 28/11/97 F1 Computer Services 16/06/99 I-Connect 15/09/99 Fair.net.au 15/10/99 IDL Internet 1/09/99 Fast Access Network Pty Ltd 1/06/98 IDXNET Pty Ltd 3/12/97 Fasternet.com.au 14/03/00 iForm 21/07/97 Fastlink Communications Pty Ltd 18/08/97 ihug 2/03/98 Fastmail Internet Services Pty Ltd 18/11/97 iiNet Ltd 25/08/98 Fastnet Internet Service Provider 11/05/99 IIS Group Pty Ltd 18/09/97 Federation Cyber Café 12/06/98 IIS Pty Ltd 1/07/97 Fieldstar Pty Ltd 20/09/99 Image Networking, Teragen Pty Ltd T/as 16/03/98 First Link Communications 4/01/00 Immortal Technology Pty Ltd 9/12/98 First Link Internet Service Pty Ltd 1/07/97 Immortalnet Internet Services 8/09/98 First Netcom Pty Ltd 1/07/97 Impact Creativity Centre 10/05/99 Firstnet.com.au Pty Ltd 26/06/00 Impaq Network Services 21/05/99 Fish Internet 29/10/98 Impulse.Net 1/06/99 Flatrate Internet 16/04/99 Independent Business Equipment 7/05/98 Flex Internet Technology Pty Ltd 8/05/98 Independent Computer Retailers 11/01/00 Flexinet ISP and Internet Café, I-Netcomm 3/06/99 Warwick Enterprise Association 10/06/98 Infinite Data Australia Pty Ltd 27/03/98 Flow Communications 10/05/99 Infinity Online 19/03/99
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Infoflex Pty Ltd 24/11/97 King Island Internet Service 12/08/99 Informed Technology 28/08/98 kta Internet 8/02/00 INI Access, Desiin Pty Ltd T/as 27/04/98 L.I.S.P Pty Ltd (Local Internet Service Provider) 8/01/98 Inpho Interactive 17/09/97 Labyrinth Connections Pty Ltd 1/07/97 Inspired Networking 18/01/99 Lagunacom.com.au 4/04/00 Instant Communications 15/10/98 Launch Internet Services 1/07/97 Instra Pty Ltd 18/11/99 Lavalink Internet Services 29/05/98 In-Tech Telecommunications Pty Ltd 28/08/98 Leading Edge Computers Kempsey 21/12/99 Integrated Technology Resources 2/02/99 Leading Edge Internet Services 2/05/00 Integrity Network Solutions 28/06/99 Leb-Com Pty Ltd 11/10/97 Interact Computer Centre 15/10/98 Lexicon Internet Services 1/07/97 InterACT Technology Group Pty Ltd 1/07/97 Liden Australia Pty Ltd 20/03/00 Interactive Globalnet (IGN) Pty Ltd 10/11/97 LillyPad 19/07/99 Intercoast Systems Pty Ltd 20/11/98 Linkit Internet Services 10/11/98 InterDomain Pty Ltd 1/01/98 Linknet Internet Service Providers 16/03/99 Interfusion.Net 8/10/98 Links Internet 14/09/98 Interlink Technology Solutions Pty Ltd 21/09/98 Lismore Internet Services 1/07/97 Inter-Met 1/07/97 Livewire Communications 29/01/99 Internet Access Australia Pty Ltd 1/07/97 LogicWorld 1/07/97 InterNet Australis 1/02/00 Longford Internet 13/07/99 Internet Cable & Wireless Pty Ltd 17/01/00 Lynx Internet Connections 12/06/98 Internet Club Australia 1/10/98 MacConnect 4/08/98 Internet Commercial Connections Pty Ltd 17/05/99 Mackay Internet 1/10/98 Internet Depot 1/06/99 Macroportal 4/05/00 Internet Etc. Pty Ltd 17/01/00 Magic Computers (Aust) Pty Ltd 11/06/99 Internet Express 1/07/97 Magna Data Australia Pty Ltd 24/09/97 Internet Express 2/09/98 Magna Field Pty Ltd 29/12/97 Internet Express, Dytec Industries T/as, 18/01/99 MainLink Internet Services 27/10/99 Internet EZY 2/07/98 Mania Computers and Internet 10/11/97 Internet Infobahn Pty Ltd 1/07/97 matra.com.au Pty Ltd 5/01/98 Internet Information Superhighway Pty Ltd 11/11/97 Matt And Trish Enterprises (M.A.T.E.) 17/06/99 Internet Interface Systems Pty Ltd 5/11/97 Maxi Internet Services 2/03/98 Internet North Pty Ltd 1/07/97 McPherson Media Pty Ltd 21/01/98 Internet on the Coast Pty Ltd 1/07/97 MCS Internet Services 11/02/00 Internet Plus Pty Ltd 11/11/97 MedEmail Pty Ltd 18/05/00 Internet Service Providers Pty Ltd 1/07/97 Melbourne PC User Group Inc 13/10/97 Internet Surf City 11/08/99 Merlin Internet 3/09/97 Internet Temora 25/02/99 Merlin Internet Services 11/04/99 Internet TV Australia 9/12/98 Metro Computer Services 30/07/98 Internet Unlimited 23/11/98 Metrolink, Draco Pacific Pty Ltd T/as 1/12/97 Internet Victoria 28/10/97 Metro-Soft, Draco Pacific Pty Ltd T/as 1/12/97 Internet W.W.W. Network 11/11/97 Microed Pty Ltd 1/06/99 Internet Whitsunday 2/02/99 Micronica 30/04/98 InternetWA Pty Ltd, T/as Wanet 16/06/98 Microsystems Support 18/12/97 Internetworx Pty Ltd 20/09/99 Microtronics Pty Ltd 6/11/97 InterNex Australia Pty Ltd 10/03/98 Mikka International 23/07/97 Internex/Internex LV 19/06/98 Mildura.Net.Au 2/03/98 Internode Systems Pty Ltd 1/07/97 Mindvision Interactive Pty Ltd 20/08/97 Intersat, Communications Inc Pty Ltd T/as 15/02/99 Minervanet Pty Ltd 2/04/98 Intertech Net Au 17/06/99 Minopher Pty Ltd 31/12/97 Interweb Connections 1/07/97 Mission Internet 3/05/99 Interworx Technologies 13/11/97 Mittagong Mania 16/07/99 Intrapower Pty Ltd 29/07/98 MNS Internet Services 22/07/98 IO Communications 26/05/99 Modern Computer Systems 16/11/99 ION Pty Ltd 1/12/97 Moranbah Internet Services, Ioshpere, Sysworks Technologies T/as 10/09/98 Penthurst Pty Ltd T/as 17/09/98 Ioville, Sysworks Technologies T/as 10/09/98 Mosman City Internet Services 29/11/97 Irvnet.org.au 21/05/99 Mr Bean's Internet 11/09/98 Isage 7/06/99 Mudgee Internet 19/05/98 Island Internet Services 1/07/97 Mullumbimby Access Point Pty Ltd 17/09/98 iSociety Internet Technologies 11/08/99 Multibase Web Australis 1/07/97 ISP Interactive Pty Ltd 30/03/98 Namadgi Corporation 1/07/97 ISTnet 15/05/00 NBC Networks Pty Ltd 29/09/98 IT Fusion 29/06/99 Nectar Online Services 20/11/97 IT Lite Computing Solutions Pty Ltd 13/11/97 Net SA 20/09/99 IT Works Consulting 14/07/98 Net Sydney Internet Services 14/09/98 Itel Technology 16/04/99 Net Trek On-Line Services 26/06/98 Jamida 17/03/00 Net200 Pty Ltd 14/07/98 Jeack Internetworking 8/10/98 NetAdvantage 31/08/99 Jigsaw Technology Pty Ltd 20/04/98 NetConnect Communications Pty Ltd 27/10/97 JMB Internet Services 8/01/98 Netcore Pty Ltd 1/07/97 JP Computing 23/08/99 NetEffect Internet Pty Ltd 7/01/98 JRC Internet Services 7/05/98 NetExcel 4/08/97 JTR Computers 27/03/00 Netlink Communications Services 28/05/98 Justnet Pty Ltd 11/08/98 Netmail Results, Go Get Netted Pty Ltd T/as 7/06/99 Kanga Internet Services 23/08/99 Netpacket Pty Ltd 1/12/98 Kapunda Computing Centre 22/09/98 Netpage 1/07/97 Karratha Internet Support Services 14/01/00 Netpro Express Internet, Barroband Pty Ltd T/as 14/08/98 Katanning Regional Telecentre Inc. 18/01/99 Netracom 11/02/99 KBS Group 29/09/99 Netro 17/11/97 Kern Internet Providers 24/08/98 NetServ Communications Pty Ltd 1/12/98 Kewl Internet Services 14/09/98 Netspace Online Systems Pty Ltd 1/07/97 Key Internet Services, Teragrove Pty Ltd T/as, 4/06/98 Netspeed Internet Communications 11/12/97 KIDZ.NET National Pty Ltd 9/02/00 Netstra Pty Ltd 18/11/97 Kimberley Internet 10/04/00 NetStream Internet 11/02/99
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Net-tech Internet Services, Network Technology Portal Comunications Australia Pty Ltd 15/01/98 Pty Ltd T/as 20/05/99 Power Computers (SA) Pty Ltd 21/05/98 Netway Technologies Pty Ltd 13/05/98 Powersurf Network 23/04/99 Netwide Solutions Pty Ltd 24/10/97 Powerup Pty Ltd 28/10/97 NetYP 10/11/98 Precisium 12/05/99 New Approach Systems & Software 24/11/98 Preferred Internet Provider 26/11/97 Newsagency 1 27/01/99 Prodigy Internet 20/08/99 Nexacom Pty Ltd 16/07/99 Professionals In Computer Knowledge Pty Ltd 1/07/97 Next Century Australia 20/04/98 Profluent Systems Australia Pty Ltd 24/06/99 Nextracom, Leading Edge PC Consulting T/as 24/08/98 ProjectX 30/03/99 NHJ Northlink Communications 18/01/98 Puresoft Australia Pty Ltd 31/01/00 NKA Communications Pty Ltd 21/07/98 QD.COM 4/03/98 Nobbys Net 1/07/98 QLDWIDE.NET.AU 19/01/00 Noisenet 1/06/99 Q-NET 1/07/97 Nornet 4/08/97 QP Australia Pty Ltd 28/05/98 North East Telecentre Inc 21/09/99 Qpoint Australia Pty Ltd 12/01/99 North Net Internet Services 17/12/97 Quail Internet Connections 4/05/99 North South Systems 15/06/00 Quicknet Internet Provider Pty Ltd 17/12/97 Northern Exposure Technologies Pty Ltd 10/12/97 Rabbit International 4/02/99 Northern Rivers Gateway 1/07/97 Radiowan 10/04/00 Northop Technology Pty Ltd 14/06/00 Ram Network Services Pty Ltd 8/05/98 NorthPower turboWeb 20/04/98 Rapidnet 1/07/97 Novanet Pty Ltd 31/10/97 RBE Internet Services 10/11/98 Now.Com.Au Pty Ltd 24/03/98 Realnet Access 1/07/99 NPGX Pty Ltd 15/10/98 Redcentre.com 5/07/99 NRU Internet (Newcastle Regional Users) 23/12/99 Redscape Pty Ltd 10/06/98 NT Technology Pty Ltd, Katherine Relax Internet Enterprises Pty Ltd 12/06/98 Computer Services Pty Ltd T/as 27/08/98 Restless Online Services 17/09/98 NTT Australia Pty Ltd 31/03/98 Retnet Internet Services 21/05/99 Nvision Pty Ltd 27/08/99 Reynolds & Reynolds Pty Ltd 12/05/00 Ocean Internet Pty Ltd 7/05/98 RGTechnologies Pty Ltd 15/06/99 Octa4 Pty Ltd 28/01/98 Ribbon Net 25/02/99 OCTEC Incorporated 11/02/99 Ripnet 25/05/99 Odyssey World Pty Ltd 17/06/98 Riverland Internet, The Murray Pioneer Pty Ltd T/as 9/12/97 Offis Pty Ltd 20/11/98 Rivers Network Pty Ltd 6/01/98 OMCS, Om.Com Services T/as 1/07/98 Rocket ISP 8/05/00 Omen Internet, EBI Enterprises Pty Ltd T/as 8/10/98 Rocknet 3/12/97 Omninet 14/07/98 ROK Technology Pty Ltd 20/01/00 Ompac Internet 6/09/99 ROM Technologies 22/07/99 On the Net, Artson Systems T/as 22/09/97 Rons Computers 19/06/00 Onclick, Brookwell Industries Pty Ltd T/as 20/11/98 Royal Link 21/09/99 One Earth Internet Pty Ltd 29/01/98 RP Internet Services 14/07/98 Online 2000 3/05/99 Rubix Computers Pty Ltd 14/05/99 Online Australia (OAL) Pty Ltd 16/04/99 Rural Business Machines Pty Ltd 3/02/98 OnThe Net Pty Ltd 31/10/97 Ruralnet, Mildura Office Equipment T/as 28/04/98 Optimum Objects Pty Ltd 3/03/00 SA Country Club II BBS 17/02/99 Orac Internet 18/11/97 Samurai Networking 13/07/99 Orbital Internet 31/03/00 Satellite Internet Services 24/01/00 Orion Online 6/04/98 Satlink Internet Services 1/07/97 Orits Australia 12/03/99 Saturn Communications Pty Ltd 20/04/98 Orli-Tech Pty Ltd 20/04/99 Savvis Australia Pty Ltd 22/10/99 OTEC Telecommunications 23/07/99 Scads Internet Services 21/01/00 Outback Queensland Internet 20/04/99 Schoolsnet Australia Pty Ltd 1/07/97 Outpost Internet Pty Ltd 17/12/99 SCI Net - South Coast Internet, Overflow Internet Services 17/06/98 Braidwood Internet 8/10/98 Oxnee Pty Ltd 18/11/99 ScoastNet Pty Ltd 15/10/97 Oz Web Internet Providers Pty Ltd 25/03/99 Scona Internet Services 20/07/99 Oz2000 Internet 2/02/99 Scott Lechmere Internet Service Provider 21/12/98 Ozdocs Internet Services 18/11/97 SCS Enterprises Australia Pty Ltd 10/02/00 OzEmail Pty Ltd 1/07/97 SCS Solutions 28/07/99 OzGuide 15/06/99 SE Network Access Pty Ltd 1/07/97 Ozland.Net.Au 2/03/98 Sebastopol Secondary College 10/08/99 Ozlinx Pty Ltd 1/07/99 Selcon Internet Pty Ltd 4/02/99 Oznetcom Pty Ltd 9/12/98 SELTEK Australia Pty Ltd 10/01/00 OZnetPC Pty Ltd 21/07/99 Servcom Pty Ltd 2/07/99 OzRamp, APAC Internet T/as 20/04/98 SG Technology Pty Ltd 25/06/99 Pacific Internet Australia Pty Ltd 30/04/99 Share.Net Internet Services 18/05/99 Panorama Development Pty Ltd 11/03/99 Shelford Technologies Pty Ltd 14/09/98 Paradigma Pty Ltd 20/10/98 Shoalhaven Internet Services 10/09/99 Paradox Digital 24/06/99 Shoalnet Pty Ltd 1/04/98 Patash Pty Ltd 14/10/97 Shortech International Pty Ltd 10/06/98 PBQ Pty Ltd 17/02/00 Smarter Way Pty Ltd 2/07/98 PC Oznet Pty Ltd 8/06/99 Softcell Pty Ltd 18/06/99 pcProfessionals 6/01/98 Soft-Tech Information Services 1/07/97 Peninsula Business Directory, Webspec Pty Ltd T/as 23/07/99 South East On Line 20/10/98 Penrith Netcom Pty Ltd 22/08/97 South Queensland Internet Services 29/11/99 Pentire Pty Ltd 19/06/00 Southern Cross Connect Pty Ltd 27/08/98 Petersen's Online Services 4/12/98 Southern Matrix International Pty Ltd 17/06/99 Phoenix Business Solutions Australia Pty Ltd 20/08/97 Southern Star Communications Pty Ltd 1/07/97 Pilbara Systems Internet 21/08/97 Southwest Internet Systems 7/08/98 PillarBox Internet Post Pty Ltd 28/04/99 Space.Net 25/07/97 Pipeline Internet 16/07/97 Spacelink Communications 12/02/99 Plan B Internet Services Pty Ltd 30/03/99 Speed Internet Service Provider, Speednet Planet Internet 8/10/98 Communications Pty Ltd T/as 27/07/99 Platform Computing Pty Ltd 9/03/00 Speedlink Internet Service Providers 10/05/99
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Spiderlink 5/08/99 Tudogs.net.au 15/01/98 Spiderweb Access 14/07/98 Turbonet 6/04/99 Spin Internet Services Pty Ltd 20/04/98 TWOEZY Internet Group 4/04/00 Spirit Networks Pty Ltd 21/07/97 TX Communications Pty Ltd 23/11/98 Spitfire Internet Services 18/04/00 Tyco Services, Grinell Asia Pacific Pty Ltd T/as 11/08/98 Springboard Computer Systems 18/03/99 Ultranet 17/11/97 Squirrel Internet 9/12/98 Unite.com Pty Ltd 9/06/00 Stairway Internet Services 11/02/99 Universal Networks Australia Pty Ltd 10/09/98 standard.net 1/06/99 University of Queensland Information Technology Star Online Services, Tower Networking Services 17/06/98 Pty Ltd T/as 19/06/98 Unixpac Pty Ltd 7/06/99 Starvision Access 17/05/00 UUNET Australia Ltd 18/01/99 Starway Brighton 16/10/97 V.P. Microtech 11/03/98 Starway Melbourne 13/10/97 Value Connect 29/01/99 Starway Preston 15/10/97 Valylink Centre 3000 1/07/97 Starwon Enterprises Pty Ltd 1/07/97 Vianet Australia 28/07/98 Stringline BBS 10/09/99 VICNET 26/03/98 Struggler's Internet Services, Struggler's Vicweb Pty Ltd 21/07/98 Enterprises T/as 24/08/98 Video Data Service 21/11/97 Summerland Synergy 27/08/99 Viper Productions Group 9/12/98 Summit Internet Solutions 27/08/98 Virtual Computers Pty Ltd 3/11/97 Sun Multimedia Pty Ltd 9/12/97 Vision Internet Services 1/07/97 Sunet Internet Provider 27/10/99 Vivanet Pty Ltd 21/04/99 Sunshine Beach Software Pty Ltd 12/06/98 VTay Technology 25/05/99 Sunshine Networks, ATS International T/as 14/10/97 WA Telecentre Exmouth Inc. 21/07/98 Supa Computer Services 25/02/99 Wackado Internet Services 23/05/00 Super Digitech Internet 7/08/98 Wagga Training Services 10/10/97 Super Network Consultants, NZ Trading Wahroonga.com 20/03/00 Exchange Ltd T/as 16/09/98 Warren Pont 6/01/98 Surfnet City 29/10/98 Waterfront Internet Service 11/01/99 Swannet Internet Services 9/10/98 Wavecliff Pty Ltd 31/10/97 Swift Internet 14/03/00 Web Ace 21/12/98 SwiftNet Pty Ltd 13/05/99 Web Australis Pty Ltd 1/07/97 SWISP, South West Internet Service Provider Web Express (Beenleigh) 11/11/99 Pty Ltd T/as 26/07/99 Web Express (Maroochydore) 14/02/00 Switch.Com Pty Ltd 14/07/98 Web One 3/03/98 Sydney Internet Networking Services 3/04/98 Web Solutions, Zenith Pty Ltd T/as 14/05/98 Sygany Internet Access 30/09/99 Webaxs, Web Access Aust Pty Ltd T/as 10/10/97 Sympac Computing Pty Ltd 3/06/98 Web-A-You Internet Services, MyWorld Synflux International Pty Ltd 28/07/97 Communications T/as 27/04/98 Tactical Access Provider 24/08/98 Webdata Pty Ltd 25/08/99 Talent 24/06/99 Webfront Pty Ltd 2/03/98 Tasman Internet Services 15/10/98 Web-Hermits 26/08/99 Tasmania's Access Server Pty Ltd 3/12/97 Webmail Internet Solutions 10/06/98 Tech 2U, Robson Technologies T/A 10/08/99 WebMedia Australia Pty Ltd 1/07/97 Tech Info Pty Ltd 16/06/99 WebRider Pty Ltd 15/10/98 Tech Ipex Pacific Pty Ltd 1/04/99 WebScan 8/01/98 Techno.Access 12/05/98 Website 14/05/98 Techsurfer.net 20/09/99 Webtel 26/11/97 Teknet Canberra Pty Ltd 1/07/98 Webtime Pty Ltd 17/06/98 Teksupport Pty Ltd 3/10/97 Webward Pty Ltd 9/12/98 Telstra Big Pond 1/07/97 Webxpress 16/06/99 Teltech Enterprises Pty Ltd 1/07/97 West Australian Networks 14/07/98 Tera Nova 2/06/99 Westconnect Pty Ltd 8/09/98 Terminus Network Services 18/01/99 Western Internet Services 15/06/99 Terramax Pty Ltd 15/10/98 Westlink Internet Services, Marketing Terrigal Internet Services 1/07/97 Solutions Pty Ltd 10/06/98 Terrigal Net 1/07/97 WestNet Pty Ltd 14/07/98 Terry Anthony Computers 23/03/99 Westvic Internet Pty Ltd 23/04/98 Tetraplex Pty Ltd 20/03/98 Wiegand Trading 22/07/99 The Australian Internet Comp Pty Ltd 1/07/97 Wiliam Connect 16/04/99 The Computer Shop - Nelson Bay 10/06/98 Windspeed 29/04/99 The Friendly Giant Pty Ltd 28/10/99 Winshop Services 28/08/98 The Info Xchange Inc 3/12/97 Woftam Jones Pty Ltd 1/07/97 The Internet (Aust) Pty Ltd T/as Totally Holistic Wollongong Ezynet, Janasas Pty Ltd T/as 16/09/98 Enterprises Internet 17/05/99 WooZoo Telecommunications Pty Ltd 2/03/98 The ISP Doctor 11/03/98 World Top Technology Pty Ltd 14/10/99 The Maestro.Net 27/08/99 World Wide Warehouse 2/09/98 The Message Exchange 1/07/97 World Wire Pty Ltd 1/07/97 The Net Enterprises Pty Ltd 1/07/97 World.Net Pty Ltd 20/03/00 The PlaNet CyberGate 1/07/97 World-Link Internet 16/03/99 The Web Factory 15/06/99 Worldwide Internet 2/09/98 Tnet.Com.Au 20/08/98 Woy Woy Secretarial Services Pty Ltd 23/07/99 Tokyo Network 1/07/97 X Com Australia Pty Ltd 25/07/97 Total Internet Konnections 23/11/99 XcelNet Enterprise 10/07/97 Totally Connected, Rost International Pty Ltd T/as 30/11/98 Yea Computing Services 23/09/99 TotalNet Internet Service 12/11/97 yesresources.com Ltd 24/08/99 Touch88, United Sources Pty Ltd T/as 2/09/98 Ynet 5/11/97 TPG Internet Pty Ltd 1/07/97 Young Online Pty Ltd 29/04/99 TR Connexions 10/08/99 Zircon Systems Pty Ltd 11/11/97 Treko Internet 17/06/98 Zoomnet 15/11/99 Trend Internet Services, Taipei International T/as 28/07/98 Triode Internet 22/04/98 Trumpnet Pty Ltd 16/12/97 TSN - The Saunders Network 17/02/99
Page 56 Telecommunications Industry Ombudsman Annual Report 1999–2000 Bankers: Commonwealth Bank of Australia Solicitors: Corrs Chambers Westgarth Auditors: HLB Mann Judd Information Technology: Beethoven Computer Services Pty Ltd and Data#3 Design: Mackay Branson design 1999:2000 Telecommunications Industry Ombudsman Ltd ACN 057 634 787 Telephone +61 3 8600 8700 Facsimile +61 3 8600 8797 Freecall™ 1800 062 058 Freefax™ 1800 630 614 TTY 1800 675 692 Translator & Interpreter Service 131 450 Website www.tio.com.au PO Box 276 Collins Street West, Melbourne Victoria 8007 Australia Level 15, 114 William Street, Melbourne Victoria 3000 Australia
How to make a complaint Before lodging a complaint with the TIO you should:
• Try to solve the problem with your telephone company or internet service provider (ISP); • Try to get the name of the person you spoke to at the company; • Gather any papers relevant to the complaint, such as contracts, bills or copies of correspondence (please do not send original documents to the TIO). The TIO recommends that complainants:
• pay any undisputed portions of bills; • keep copies of any payments transactions relating to the complaints, and any letters written or received; • keep a note of the names of telephone or internet companies’ customer service staff, and record dates of conversations and key points discussed; • be prepared to write to the TIO with details of the complaint. Achieving a satisfactory complaint outcome may require a compromise on one or both sides of the argument. However, a resolution found this way is almost always better, less expensive and speedier than one found in the courts. Complainants may take their dispute to the courts if not satisfied with the resolution reached by the TIO.
Complaints may be lodged by telephone, fax, mail, email, or TTY for hearing or speech impaired people. 3807 TIO financials.xps 13/7/01 12:45 PM Page 57
Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Telecommunications Industry Ombudsman Limited ACN 057 634 787 Annual Report for the year ended 30 June 2000
Contents Directors’ Report 58-64 Profit and Loss Statement 65 Balance Sheet 66 Statement of Cash Flows 67 Notes to Financial Statements 68-79 Directors’ Declaration 79 Independent Audit Report to the Members 80
Telecommunications Industry Ombudsman Annual Report 1999–2000 Page 57 3807 TIO financials.xps 13/7/01 12:45 PM Page 58
Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Directors’ Report
Your directors present their report of the Telecommunications Industry Ombudsman Ltd (TIO) for the year ended 30 June 2000.
DIRECTORS The current composition and membership of the Board is as follows:
Two (2) directors appointed by Telstra D M Rocca D R Shiff Two (2) directors appointed by Cable & Wireless Optus P W Fletcher A A Suckling One (1) director appointed by Vodafone A W Birch One (1) director appointed by members who joined the TIO prior to 1 July 1997 Vacant One (1) director appointed by members who joined the TIO after 30 June 1997 K J Heitman Independent Director S L Holmes
There were several resignations and appointments of directors over the course of the year and up to the date of the report. These changes are summarised in note 17 to the financial statements.
OPERATING RESULTS The TIO recorded an operating deficit for the year of $30,795. The TIO’s total revenue and expenditure has increased in line with the Scheme’s complaint load. The results for the year ended 30 June 2000 and previous years are as follows:
Year Total Revenue Total Expenditure Surplus/(Deficit) 1995-96 $1,945,115 $1,967,519 $(22,404) 1996-97 $2,177,575 $2,102,623 $74,952 1997-98 $2,394,718 $2,347,817 $46,901 1998-99 $3,258,048 $3,292,788 $(34,740) 1999-2000 $3,885,195 $3,915,990 $(30,795)
Due to the deficit, members’ funds were reduced from $315,675 at the start of the financial year to $284,880 at the end of 1999-2000.
The TIO Ltd has been granted exemption from income tax under Section 23(g)(v) of the Income Tax Assessment Act until 30 June 2001. Due to the reforms of the tax system, it was necessary to reapply for this exemption. An exemption application has been lodged. At the time of signing this report the outcome of the TIO’s application was unknown.
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Directors’ Report (continued)
CONTINUING GROWTH In 1999-2000, the TIO scheme experienced continuing growth in demand for complaint resolution services. The rate of growth - amounting to 5% - was not as high as previous years. Overall complaint numbers for 1994-95 to 1999-2000 are presented below. Table One: Number of Complaints 1994-95 to 1999-2000 (financial years) Year Total % Increase over previous year 1994-95 17,205 1995-96 26,905 56 1996-97 43,715 62 1997-98 52,138 19 1998-99 64,394 24 1999-2000 67,761 5
Further growth in complaint numbers is anticipated during 2000-2001, due to the continuing level of industry activity, development of new products and services, the expansion of the TIO’s role under Consumer Codes and the growth in consumer awareness of the Scheme.
DEBT RECOVERY Bad debts of $53,476 were written-off at the end of the financial year. Further write-offs will be necessary in the next financial year. The provision for bad debts has been increased by $10,000 to $120,000. Legal action for debt recovery was initiated against a number of members. One of these members was referred to the Australian Communications Authority for failing to pay their contributions to the TIO.
CASH FLOW The TIO’s bankers, Commonwealth Bank of Australia, has provided the TIO with an overdraft facility of $150,000. This facility has been put in place to alleviate any temporary cash flow shortages associated with the TIO’s quarterly billing cycle.
PRINCIPAL ACTIVITIES During the year, the principal continuing activity of the Telecommunications Industry Ombudsman Ltd was the investigation and resolution of complaints from small business and residential consumers. There were no significant changes in the nature of the activities during the year.
INVESTIGATIONS The TIO monitors levels of complainant satisfaction and confidence with the service provided by the TIO. Issues identified through the monitoring process are addressed as they arise by the Ombudsman and his team.
Over the course of the year a review of performance indicators for the investigations area was undertaken. A number of benchmarks were established in respect of complaint resolution times. The review concerning call answering benchmarks is continuing.
The TIO’s quality assurance program aims to ensure that the complaint handling process is consistent with the mission of the TIO. The quality assurance program includes the following activities: (a) training/staff development to assist in maintaining and developing skills in complaint resolution; and (b) internal auditing of complaint files to ensure a professional and consistent approach.
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Directors’ Report (continued)
INDUSTRY DEVELOPMENT During 1999-2000 the TIO has continued to work collaboratively with industry and the community to identify, prevent and/or address systemic problems. The TIO has also actively participated in industry forums to assist in achieving this objective, and continues to contribute to the development of Consumer Codes of Practice.
COMMUNICATIONS During the year, the TIO worked to improve access to the Scheme by raising awareness levels within the general community and among telecommunications users with special needs. Communications activities also sought to maintain the TIO’s reputation as a credible, independent, accessible and professional organisation.
GOVERNANCE A Committee of Directors has been established to develop a Code of Conduct for Directors. This Code is designed to provide guidance to directors in the discharge of their duties as directors.
Following a review, the Council and the Board have agreed to a number of changes to the structure of both the Board and Council. The changes are designed to provide more opportunities for stakeholder representation on both the Board and Council. The proposed changes will be considered by TIO members at the next Annual General Meeting in November 2000.
MEMBERSHIP The Telecommunications Act 1997 required all carriers and eligible carriage service providers to be members of the TIO and comply with the Constitution and Memorandum and Articles of Association of the Scheme. Eligible carriage service providers are those which supply: • a standard telephone service where some of the customers are residential or small business customers; or • a public mobile telecommunications service; or • a carriage service which enables end users to access the internet. A carriage service intermediary which arranges the supply of the services referred to above qualifies as an eligible carriage service provider.
These requirements are now incorporated in the Telecommunications (Consumer Protection and Services Standard) Act 1999.
There has been a rapid growth of members from approximately 16 in 1994 to 991 as at 30 June 2000. Over the past six (6) months, a TIO Members’ communications plan has been developed to ensure that the TIO understands, and communicates effectively, with its members.
Whilst the majority of eligible carriage service providers are members of the Scheme, there remain some who have refused to join. The TIO has referred a number of these providers to the Australian Communications Authority (ACA) for being in breach of the Telecommunications (Consumer Protection and Service Standards) Act 1999. During the year the ACA commenced Federal Court proceeding against two providers who refuse to join the TIO.
STAFFING As at 30 June 2000, the TIO Ltd employs 34.4 equivalent full-time staff. Recruitment of further staff is anticipated due to projected increases in complaint numbers in 2000-2001.
DIVIDENDS Under the terms of its Memorandum and Articles of Association, the TIO Ltd is not permitted to pay dividends to members.
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Directors’ Report (continued)
GOODS AND SERVICES TAX The TIO engaged HLB Mann Judd to assist the TIO in making a smooth transition to the new tax system. The TIO is registered for the new tax system and the GST.
SIGNIFICANT CHANGES IN THE STATE OF AFFAIRS There have been no significant changes in the state of affairs of the company in the year ended 30 June 2000.
MATTERS SUBSEQUENT TO THE END OF THE FINANCIAL YEAR TIO Board has approved new complaint fees effective from 1 July 2000. The fees were increased to correct the imbalance between direct complaint handling costs and overhead costs. This imbalance meant that operating costs constituted 63% of the total cost of running the TIO and was eroding the incentive for members to resolve complaints quickly. The increase in complaint fees will be partially offset by a reduction in the amount of total operating costs that each member is required to pay on a proportionate basis.
The new fees are as follows:
Complaint Level 1999-2000 2000-2001 Level 1 $15.00 $18.00 Level 2 $140.00 $160.00 Level 3 $315.00 $350.00 Level 4 $1,130.00 $1,200.00
The following funding principles (adopted on 1 July 1999) will continue to apply: (a) no provider is charged a fee (including overhead and any special levy) for the first four (4) Level 1 complaints received in any given quarter; and (b) providers will not be individually charged for information-giving exercises (including queries about whether a particular provider is a member of the TIO), or for anonymous complaints. These matters will instead be logged as non-allocated enquiries. COMPLAINTS MANAGEMENT SYSTEM Following a comprehensive evaluation, a new computerised complaints management system will be implemented in the second half of the 2000 calendar year.
Except for the matters noted above, at the date of this report, no matter or circumstance has arisen since 30 June 2000 that has significantly affected or may significantly affect: a) the operations of the Telecommunications Industry Ombudsman Ltd in future financial years: or b) the results of those operations in future financial years: or c) the state of affairs of Telecommunications Industry Ombudsman Ltd in future financial years. LIKELY DEVELOPMENTS AND EXPECTED RESULTS OF OPERATIONS It is expected that receipts from eligible carriage service providers will increase because of the increase in the number of members and the growing public awareness of the Scheme.
ENVIRONMENTAL REGULATIONS Apart from statutory provisions of general applicability, the TIO is not subject to any specific environmental regulation.
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Directors’ Report (continued)
INFORMATION ON DIRECTORS DIRECTOR EXPERIENCE SPECIAL RESPONSIBILITIES
A W Birch Director, Network and Operations at Vodafone Network. Chairman since 13 June 2000 B Eng, MBA Prior to joining Vodafone in 1997, was a Director with Honeywell Pacific.
P W Fletcher, Director, Regulatory and Public Affairs at Cable & Has also held senior legal and BA (Hons) LLB (Hons) Wireless Optus. Previously Chief of Staff to the Minister commercial roles with Mallesons (Sydney), MBA (Columbia) for Communications, Information Technology Stephen Jaques and TNT Ltd. and the Arts, Senator Richard Alston.
S L Holmes, Company Director working on a variety of boards Dip Phys Ed, B Ed, of management. Previously Executive General Manager, B Psych, M Psych (clin) Royal Automobile Club of Victoria (RACV) Ltd from 1996-1999, Chief Executive, Melbourne City Marketing from 1992-1995 and Chief Executive, Small Business Development Corporation from 1988 to 1991.
K.J. Heitman, Founding Executive Director and Group Legal Counsel of B.Juris, LLB, AACS Perth-based Internet provider iiNet Limited (www.iinet.net.au), Chair of Electronic Frontiers Australia Inc. (www.efa.org.au), Spokesperson for the WA Internet Association Inc (www.waia.asn.au), Board member of Australian Domain Name Authority Limited (www.auda.org.au).
D M Rocca, Managing Director – Service, Telstra Corporation. Dip Eng, GAICD, MBA Previously Managing Director Commercial and Consumer, Managing Director Business and Government, Telstra Corporation, and Company Director, Plestel Pty Ltd.
Deena Shiff, Barrister and Solicitor Director Regulatory, Telstra B Sc (Econ) Hons (L.S.E.); Corporation. Previously partner, Mallesons Stephen Jaques. BA (Law) Hons Cantab, Also director of Freightcorp, member of the Board of ACIF and Communications Law Centre.
A A Suckling, Currently Group Manager of Regulatory Affairs, Cable & BA (Hons), MPPM Wireless Optus. Has worked within the telecommunications industry for seven years. Former Principal Researcher for Gough Whitlam.
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Directors’ Report (continued)
MEETINGS OF DIRECTORS The numbers of meetings of the company’s directors (excluding meetings of committees of directors) held during the year ended 30 June 2000, and the number of meetings attended by each director were:
Number Number Attended Eligible to Attend Eligible to Attend Number of meetings held : 7 Number of meetings attended by: A W Birch 4 4 P W Fletcher 2 2 K J Heitman 6 6 S L Holmes 7 6 D M Rocca 0 0 D R Shiff 0 0 A A Suckling 7 5
DIRECTORS’ BENEFITS During the year, a director’s fee of $25,000 was paid to Susan Holmes as the independent director.
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Directors’ Report (continued) Except for that noted above, since 30 June 2000, no director of the company has received, or has become entitled to receive, a benefit because of a contract that the director, a firm of which the director is a member or an company in which the director has a substantial financial interest, has made (during the year ended 30 June 2000 or at any other time) with:
a) the TIO Ltd, or b) a company that the TIO Ltd controlled, or a body corporate that was related to the company, when the contract was made or when the director received, or became entitled to receive, the benefit. INSURANCE OF OFFICERS During the financial year, the Telecommunications Industry Ombudsman Ltd paid a premium of $6,977 to insure certain officers of the company.
The officers of the company covered by the insurance policy included all directors as listed in this report, the Ombudsman J E Pinnock and the secretary J E Hill.
The liabilities insured include costs and expenses that may be incurred in defending civil or criminal proceedings that may be brought against the officers in their capacity as officers of the company.
AUDITORS HLB Mann Judd continues as the TIO Ltd’s auditors in accordance with Section 327 of the Corporations Law.
This report is made in accordance with a resolution of the directors.
A W Birch Director
S L Holmes Director
Melbourne 7 September 2000
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Profit and Loss Statement For the year ended 30 June 2000
Notes 2000 1999 $$
Revenue from operating activities 2 3,865,385 3,221,879 Revenue from outside the operating activities 2 19,810 36,169
Total revenue 2 3,885,195 3,258,048
Operating (loss) 3 (30,795) (34,740) Retained profits at the beginning of the financial year 315,675 350,415
Retained profits at the end of the financial year 284,880 315,675
The above profit and loss statement should be read in conjunction with the accompanying notes.
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Balance Sheet As at 30 June 2000
Notes 2000 1999 $$
Current Assets
Cash 4 39,639 88,381 Receivables 5 289,336 347,513 Other 6 36,363 44,738 Total Current Assets 365,338 480,632
Non – Current Assets
Property, plant and equipment 7 598,450 730,185
Total Non – Current Assets 598,450 730,185
Total Assets 963,788 1,210,817
Current Liabilities
Accounts Payable 8 229,295 268,391 Borrowings 9 204,265 202,517 Provisions 10 68,364 69,881 Total Current Liabilities 501,924 540,789
Non - Current Liabilities
Borrowings 11 164,984 354,353 Provisions 12 12,000 -
Total Non - Current Liabilities 176,984 354,353
Total Liabilities 678,908 895,142
Net Assets 284,880 315,675
Members’ Funds
Retained Profits 284,880 315,675
Total Members’ Funds 284,880 315,675
The above balance sheet should be read in conjunction with the accompanying notes.
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Statement of Cash Flows For the year ended 30 June 2000
Notes 2000 1999 $$
Cash Flows from Operating Activities
Receipts from members 3,919,544 3,042,483 Payments to suppliers and employees (3,705,998) (3,082,122)
213,546 (39,639) Interest received 17,736 13,499
Net cash inflow/(outflow) from operating activities 18 231,282 (26,140)
Cash Flows from Investing Activities
Payments for property, plant and equipment (93,208) (774,220) Proceeds from sale of property, plant and equipment 805 16,341
Net cash (outflow) from investing activities (92,403) (757,879)
Cash Flows from Financing Activities
Proceeds from new lease 13,758 708,140 Repayment of Casualties of Telecom - (290,856) Public awareness funding - (13,125) Repayment of lease liabilities (201,379) (151,270)
Net cash inflow/(outflow) from financing activities (187,621) 252,889
Net (Decrease) in Cash Held (48,742) (531,130)
Cash at the beginning of the financial year 88,381 619,511
Cash at the End of the Financial Year 4 39,639 88,381
The above statement should be read in conjunction with the accompanying notes.
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Notes to the Financial Statements 30 June 2000
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This general purpose financial report has been prepared in accordance with Accounting Standards, other authoritative pronouncements of the Australian Accounting Standards Board, Urgent Issues Group Consensus Views and the Corporations Law.
It is prepared in accordance with the historical cost convention. Unless otherwise stated, the accounting policies adopted are consistent with those of the previous year. Comparative information is reclassified where appropriate to enhance comparability.
(a) Income Tax The company is exempt from income tax under Section 23(g)(v) of the Income Tax Assessment Act. As part of the introduction of the new tax system, the TIO has been required to reapply for income tax exemption status. The TIO has not yet been notified of the outcome of this application. Based on their enquiries, directors are confident that the TIO Ltd will continue to be exempt from income tax.
(b) Acquisitions of Assets The cost method of accounting is used for all acquisitions of assets. Cost is determined as the fair value of the assets given up at the date of acquisition plus costs incidental to the acquisition.
(c) Revenue Recognition Amounts disclosed as revenue include fees charged to our members for complaint resolution services. Revenue is recognised when invoices are raised at the end of each quarter.
(d) Receivables Amounts due from members are recognised at the amounts receivable.
Collectibility is reviewed on an ongoing basis. Debts which are known to be uncollectible are written off. A provision for doubtful debts is raised where some doubt as to collection exists.
(e) Recoverable Amount of Non-Current Assets The recoverable amount of an asset is the net amount expected to be recovered through the net cash inflows arising from its continued use and subsequent disposal.
Where the carrying amount of a non-current asset is greater than its recoverable amount, the asset is revalued to its recoverable amount.
The expected net cash flows included in determining recoverable amounts of non-current assets are not discounted to their present values.
(f) Depreciation of Property, Plant and Equipment Depreciation is calculated on a straight line basis to write off the net cost of each item of property, plant and equipment over its expected useful life to the company. Estimates of remaining useful lives are made on a regular basis for all assets, with annual reassessments for major items. The expected useful lives are as follows: Furniture and fittings 5-10 years; Plant and equipment 3 years.
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Notes to the Financial Statements 30 June 2000
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
(g) Leasehold Improvements The cost of improvements to or on leasehold properties is amortised over the unexpired period of the lease or the estimated useful life of the improvement to the company, whichever is the shorter. Leasehold improvements held at the reporting date are being amortised over 5 years.
(h) Leased Non-Current Assets A distinction is made between finance leases which effectively transfer from the lessor to the lessee substantially all the risks and benefits incident to ownership of leased non-current assets, and operating leases under which the lessor effectively retains substantially all such risks and benefits.
Finance leases are capitalised. A lease asset and liability are established at the present value of minimum lease payments. Lease payments are allocated between the principal component of the lease liability and the interest expense.
The lease asset is amortised on a straight line basis over the term of the lease, or where it is likely that the company will obtain ownership of the asset, the life of the asset. Lease assets held at the reporting date are being amortised over 5 years.
Lease payments are allocated between interest (calculated by applying the interest rate implicit in the lease to the outstanding amount of the liability), rental expense and reduction of the liability.
Other operating lease payments are charged to the profit and loss statement in the periods in which they are incurred, as this represents the pattern of benefits derived from the leased assets.
(i) Trade and Other Creditors These amounts represent liabilities for goods and services provided to the company prior to the end of the financial year and which are unpaid. The amounts are unsecured and are usually paid within 30 days of recognition.
(j) Maintenance and Repairs Maintenance and repair costs are charged as expenses as incurred.
(k) Year 2000 Software Modification Costs Costs relating to the modification of computer software for year 2000 compatibility are charged as expenses as incurred.
(l) Employee Entitlements (i) Wages and Salaries and Annual Leave Liabilities for wages and salaries and annual leave are recognised, and are measured as the amount unpaid at the reporting date at current pay rates in respect of employees’ services up to that date.
(ii) Long Service Leave A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future payments are discounted using interest rates on national government guaranteed securities with terms to maturity that match, as closely as possible, the estimated future cash outflows.
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Notes to the Financial Statements 30 June 2000
NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
(m) Borrowing Costs Borrowing costs are recognised as expenses in the period in which they are incurred, and include finance lease charges.
(n) Goods and services tax systems changes Costs incurred to update existing systems or to design, develop and implement new systems to deal with the GST are charged as expenses as incurred, except where they result in an enhancement of future economic benefits and are recognised as an asset.
(o) Cash For the purpose of the statement of cash flows, cash includes deposits on call which are readily convertible to cash on hand and are subject to an insignificant risk of changes in value, net of any outstanding bank overdrafts.
NOTE 2 REVENUE 2000 1999 $$
Revenue From Operating Activities
Volume and overhead billing 3,865,385 3,221,879
Revenue From Outside the Operating Activities
Interest 17,736 13,499 Proceeds from sale of non current assets 805 16,340 Bad debt recovery 1,269 6,330
19,810 36,169 Total revenue 3,885,195 3,258,048
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Notes to the Financial Statements 30 June 2000
NOTE 3 OPERATING PROFIT 2000 1999 $$
Net Gains and Expenses
Operating profit includes the following specific net gains and expenses: Net Gains - -
Expenses
Borrowing costs Finance charges paid/payable 34,705 25,658 Net loss on disposal of property, plant and equipment 1,769 7,903 Depreciation Furniture and fittings 6,756 7,418 Plant and equipment 82,164 49,293 Total depreciation 88,920 56,711
Amortisation Leasehold improvements under finance lease 118,842 64,596 Plant and equipment under finance lease 14,607 9,845 Total amortisation 133,449 74,441
Other charges against assets Bad and doubtful debts – trade debtors 63,476 96,236 Other provisions Employee entitlements 10,483 22,862 Rental expense relating to operating leases Minimum lease payments 106,347 145,125
NOTE 4 CURRENT ASSETS – CASH Cash at bank and on hand 34,296 78,739 Deposits at call 5,343 9,642 39,639 88,381
Deposits at call
The deposits are bearing floating interest rates between 1.10% and 3.6% (1999 – 3.75% and 4%)
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Notes to the Financial Statements 30 June 2000
NOTE 5 CURRENT ASSETS – RECEIVABLES 2000 1999 $$
Amounts due from members 409,336 457,513 Less: Provision for doubtful debts 120,000 110,000 289,336 347,513
NOTE 6 CURRENT ASSETS – OTHER Prepayments 36,363 44,738
NOTE 7 NON-CURRENT ASSETS – PROPERTY, PLANT AND EQUIPMENT Plant and Equipment
Plant and equipment – at cost 379,722 351,593 Less: Accumulated depreciation 287,856 223,165 91,866 128,428
Plant and equipment under finance lease 73,038 73,038 Less: Accumulated amortisation 24,453 9,845 48,585 63,193
Total plant and equipment 140,451 191,621
Furniture and fittings
Furniture and fittings– at cost 73,215 41,942 Less: Accumulated depreciation 27,129 20,373 46,086 21,569
Leasehold improvements under finance lease 595,351 581,591 Less: Accumulated amortisation 183,438 64,596 411,913 516,995
Total furniture and fittings 457,999 538,564 598,450 730,185
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Notes to the Financial Statements 30 June 2000
NOTE 8 CURRENT LIABILITIES – ACCOUNTS PAYABLE 2000 1999 $$
Trade creditors 184,603 204,853 Other creditors 44,692 63,538 229,295 268,391
NOTE 9 CURRENT LIABILITIES – BORROWINGS Lease liabilities 204,265 202,517
NOTE 10 CURRENT LIABILITIES – PROVISIONS Provision for annual leave 68,364 69,881
NOTE 11 NON - CURRENT LIABILITIES – BORROWINGS Lease liabilities 164,984 354,353
Financing Arrangements
The company has an overdraft facility of $150,000 which maybe drawn at any time and terminated by the bank without notice. This facility is unused at balance date. The interest rate is 11.55%.
The overdraft facility is secured by a charge over the assets of the company.
NOTE 12 NON - CURRENT LIABILITIES – PROVISIONS Provision for long service leave 12,000 -
NOTE 13 FINANCIAL INSTRUMENTS
(a) Credit Risk Exposures The credit risk on financial assets of the company which has been recognised on the balance sheet, is generally the carrying amount, net of any provisions for doubtful debts.
(b) Interest Rate Risk Exposures The company’s exposure to interest rate risk and the effective weighted average interest rate for each class of financial assets and financial liabilities is set out in the following table.
Exposures arise predominantly from assets and liabilities bearing variable interest rates as the company intends to hold fixed rate assets and liabilities to maturity.
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Notes to the Financial Statements 30 June 2000
NOTE 13 FINANCIAL INSTRUMENTS (CONTINUED) Fixed interest maturing in 2000 Notes Floating 1 year Over 1 to Non- Total interest or less 5 years interest rate bearing $$ $ $ $
Financial assets
Cash and deposits 4 39,639 - - - 39,639 Receivables 5 - - - 289,336 289,336 39,639 - - 289,336 328,975 Average interest rate 2.35%
Financial liabilities
Amounts payable 8 - - - 229,295 229,295 Lease liabilities 9,11 - 204,265 164,985 - 369,249 - 204,265 164,985 229,295 598,544 Average interest rate - 7.75% 7.75% Net financial assets (liabilities) 39,639 (204,265) (164,984) 60,041 (269,569)
Fixed interest maturing in 1999 Notes Floating 1 year Over 1 to Non- Total interest or less 5 years interest rate bearing $$ $ $ $ Financial assets
Cash and deposits 4 88,381 - - - 88,381 Receivables 5 - - - 347,513 347,513 88,381 - - 347,513 435,894 Average interest rate 3.88%
Financial liabilities
Amounts payable 8 - - - 268,391 268,391 Lease liabilities 9,11 - 202,517 354,353 - 556,870 - 202,517 354,353 268,391 825,261 Average interest rate - 7.75% 7.75% Net financial assets (liabilities) 88,381 (202,517) (354,353) 79,122 (389,367)
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Notes to the Financial Statements 30 June 2000
NOTE 13 FINANCIAL INSTRUMENTS (CONTINUED)
(b) Interest Rate Risk Exposures (continued)
Reconciliation of Net Financial Assets to Net Assets
Notes 2000 1999 $$
Net financial assets as above (269,569) (389,367) Non financial assets and liabilities Property, plant and equipment 7 598,450 730,185 Other assets 6 36,363 44,738 Provisions 10,12 (80,364) (69,881)
Net assets per balance sheet 284,880 315,675
The carrying amounts and net fair values of financial assets and liabilities at balance date are: 2000 1999 Carrying Net fair Carrying Net fair amount value amount value $$ $$ On-balance sheet financial instruments
Financial assets
Cash 34,296 34,296 78,739 78,739 Deposits 5,343 5,343 9,642 9,642 Trade debtors 409,336 289,336 457,513 347,513 448,975 328,975 545,894 435,894 Financial liabilities
Trade creditors 229,295 229,295 268,391 268,391 Lease liabilities 369,249 369,249 556,870 556,870 Non-traded financial liabilities 598,544 598,544 825,261 825,261
None of the classes of financial assets and liabilities are readily traded on organised markets in standardised form. Net fair value is exclusive of costs which would be incurred on realisation of an asset, and inclusive of costs which would be incurred on settlement of a liability.
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Notes to the Financial Statements 30 June 2000
NOTE 14 REMUNERATION OF DIRECTORS Directors of Entity
2000 1999 $$
Income paid or payable, or otherwise made available, to directors in the company in connection with the management of the affairs of the company. 25,000 2,083
The numbers of directors whose total income from the company or related parties was within the specified bands are as follows:
$0 - $9,999 13 7 $20,000 - $29,000 1 -
NOTE 15 REMUNERATION OF AUDITORS Remuneration for audit or review of the financial reports of the company. 16,130 12,500 Remuneration for other services 50,576 32,290
NOTE 16 COMMITMENTS FOR EXPENDITURE 2000 1999 $$
Lease Commitments:
Representing:
Non-cancellable operating leases 361,627 378,781
Operating Leases
Commitments for minimum lease payments in relation to non-cancellable operating leases are payable as follows: Not later than one year 107,147 103,975 Later than one year but not later than 5 years 254,480 274,806 Commitments not recognised in the financial statements 361,627 378,781
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Notes to the Financial Statements 30 June 2000
NOTE 16 COMMITMENTS FOR EXPENDITURE (CONTINUED) Finance Leases
2000 1999 $$
Commitments in relation to finance leases are payable as follows: Not later than one year 237,222 237,222 Later than one year but not later than 5 years 182,125 401,067 Minimum lease payments 419,347 638,289 Less: Future finance charges (50,098) (81,419) Total lease liabilities 369,249 556,870
Representing lease liabilities: Current (note 9) 204,265 202,517 Non-current (note 11) 164,984 354,353 369,249 556,870
The average interest rate implicit in the leases is 7.75%
NOTE 17 RELATED PARTIES Directors
The names of persons who were directors of TIO Ltd at any time during the financial year are as follows: Name of Director Date of Appointment Date of Resignation K W Dinn 18 Nov 1997 12 Jul 1999 M E Gell 24 Feb 2000 30 Jun 2000 C J Marland 31 Oct 1996 14 Feb 2000 D Mason 04 Jun 1996 22 Dec 1999 J F Rohan 29 Oct 1996 07 Jan 2000 G B Ward 06 Oct 1994 13 Jun 2000 S P Wilks 24 Aug 1998 28 Apr 2000 A A Suckling 04 March 1998 Continuing S L Holmes 04 June 1999 Continuing A W Birch 19 Jan 2000 Continuing P W Fletcher 28 Apr 2000 Continuing K J Heitman 28 Aug 1999 Continuing D M Rocca 01 Aug 2000 Continuing D R Shiff 01 Aug 2000 Continuing
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Telecommunications Industry Ombudsman Limited Directors’ report and financial statements
Notes to the Financial Statements 30 June 2000
NOTE 17 RELATED PARTIES (CONTINUED) With the exceptions of the resignations of Mr Dinn and Mr Marland, the resignations and appointments listed above were due to internal staff changes within Telstra, Cable & Wireless Optus and Vodafone, which necessitated changes to their appointees on the TIO Ltd Board.
Transactions with directors and director related entities
A director, J F Rohan, is an employee of Vodafone New Zealand Ltd, and another director A W Birch is an employee of Vodafone Network Pty Ltd. TIO Ltd invoiced $117,846 during the year in respect of complaint handling fees for Vodafone Pty Ltd and other related Vodafone entities. The transactions were based on normal commercial terms and conditions.
Five directors, D Mason, G B Ward, M E Gell, D M Rocca and D R Shiff, were/are employees of Telstra Corporation. TIO Ltd invoiced $2,124,074 and $80,981 during the year in respect of complaint handling fees for Telstra Corporation and Telstra Big Pond respectively. The transactions were based on normal commercial terms and conditions.
A director, K W Dinn, is the former director of Zip World Pty Ltd. TIO Ltd invoiced $532 during the year in respect of complaint handling fees for Zip World Pty Ltd. The transactions were based on normal commercial terms and conditions.
Three directors, A A Suckling, S P Wilks and P W Fletcher, are employees of Cable & Wireless Optus. TIO Ltd invoiced $697,541 and $568 during the year in respect of complaint handling fees for Cable & Wireless Optus and Optus Vision respectively. The transactions were based on normal commercial terms and conditions.
A director, K J Heitman, is an employee of iiNet Ltd. TIO Ltd invoiced $36 during the year in respect of complaint handling fees for iiNet Ltd. The transactions were based on normal commercial terms and conditions.
NOTE 18 RECONCILIATION OF OPERATING LOSS AFTER INCOME TAX TO NET CASH INFLOW/(OUTFLOW) FROM OPERATING ACTIVITIES 2000 1999 $$
Operating loss after income tax (30,795) (34,740) Depreciation and amortisation 222,369 131,153 Loss on disposal 1,769 7,903 Changes in operating assets and liabilities: (Increase) decrease in trade debtors 58,177 (185,726) (Increase) decrease in other operating assets 8,375 (21,688) Increase (decrease) in trade and other creditors (39,096) 54,096 Increase (decrease) in other provisions 10,483 22,862 Net cash inflow/(outflow) from operating activities 231,282 (26,140)
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Notes to the Financial Statements 30 June 2000
NOTE 19 CONTINGENT LIABILITY An individual (the complainant) made a complaint to the TIO about his mobile telephone contract. The TIO handled the complaint according to its established procedures. The complainant was dissatisfied with the outcome of his complaint and commenced legal action against the TIO Ltd in the Federal Court of Australia. The Board has instructed the TIO’s lawyers to conduct a defence. The Board has made its own internal inquiries and is unable to identify any basis on which the legal action by the complainant could be successful. Accordingly, no amount has been provided in the accounts in respect of the potential claim of $3,000,000.
In the last Annual Report, a potential claim by a former claimant in the "Casualties of Telecom" (COT) arbitration process was disclosed. No details of any legal action or any wrong doing on the part of the TIO have been provided by the claimant, not withstanding requests by the TIO to do so. Based on its own internal enquiries, the Board has been unable to identify any basis on which a claim might be bought. Accordingly, no amount has been provided in the accounts in respect of the potential claim.
NOTE 20 SEGMENT INFORMATION The company provides services to consumers in the investigation and resolution of complaints arising from telephony/internet services. The company operates only in Australia.
Directors’ Declaration
The directors declare that the financial statements and notes set out on pages 57 to 78:
(a) comply with Accounting Standards, the Corporations Regulations and other mandatory professional reporting requirements, and (b) give a true and fair view of the company’s financial position as at 30 June 2000 and of its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date. In the directors’ opinion:
(a) the financial statements and notes are in accordance with the Corporations Law, and (b) there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable. This declaration is made in accordance with a resolution of the directors.
A W Birch Director
Melbourne 7 September 2000
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Page 80 Telecommunications Industry Ombudsman Annual Report 1999–2000 Bankers: Commonwealth Bank of Australia Solicitors: Corrs Chambers Westgarth Auditors: HLB Mann Judd Information Technology: Beethoven Computer Services Pty Ltd and Data#3 Design: Mackay Branson design 1999:2000 Telecommunications Industry Ombudsman Ltd ACN 057 634 787 Telephone +61 3 8600 8700 Facsimile +61 3 8600 8797 Freecall™ 1800 062 058 Freefax™ 1800 630 614 TTY 1800 675 692 Translator & Interpreter Service 131 450 Website www.tio.com.au PO Box 276 Collins Street West, Melbourne Victoria 8007 Australia Level 15, 114 William Street, Melbourne Victoria 3000 Australia
How to make a complaint Before lodging a complaint with the TIO you should:
• Try to solve the problem with your telephone company or internet service provider (ISP); • Try to get the name of the person you spoke to at the company; • Gather any papers relevant to the complaint, such as contracts, bills or copies of correspondence (please do not send original documents to the TIO). The TIO recommends that complainants:
• pay any undisputed portions of bills; • keep copies of any payments transactions relating to the complaints, and any letters written or received; • keep a note of the names of telephone or internet companies’ customer service staff, and record dates of conversations and key points discussed; • be prepared to write to the TIO with details of the complaint. Achieving a satisfactory complaint outcome may require a compromise on one or both sides of the argument. However, a resolution found this way is almost always better, less expensive and speedier than one found in the courts. Complainants may take their dispute to the courts if not satisfied with the resolution reached by the TIO.
Complaints may be lodged by telephone, fax, mail, email, or TTY for hearing or speech impaired people. TELECOMMUNICATIONS INDUSTRY OMBUDSMAN
Telecommunications Industry Ombudsman Annual Report 1999:2000 1999:2000 ANNUAL REPORT Telecommunications Industry Ombudsman Ltd ACN 057 634 787 Telephone +61 3 8600 8700 Facsimile +61 3 8600 8797 Freecall™ 1800 062 058 Freefax™ 1800 630 614 TTY 1800 675 692 Translator & Interpreter Service 131 450 Website www.tio.com.au PO Box 276 Collins Street West, Melbourne Victoria 8007 Australia Level 15, 114 William Street, Melbourne Victoria 3000 Australia
Telecommunications Industry Ombudsman Telecommunications Industry Ombudsman